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Full text of "Laws of the State of Illinois"



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LAWS 



STATE OF ILLINOIS 



ENACTED BY THE 



Thirty-Ninth General Assembly, 



AT THE REGULAR BIENNIAL SESSION, 



Begun and held at the Capitol, in the City of Springfield, on 

the 9th day of January, A. D. 1895, and adjourned 

sine die, on the 14th day of June, A. D. 1895. 



Printed hy Authority of the General Assembly 
of the State of Illinois. 



SPRINGFIELD, ILL.: 
En. F. Hartman, State Printer. 

1895. , 



TABLE OF CONTENTS. 



Page. 
AGRICULTURE AND HORTICULTURE: 

An act creating the Illinois Farmers' Institute 1 

ANIMALS; 

An act to encourage the breeding of and Improvement in horses, and to prevent false entries 

in exhibitions or races, and to provide penalties therefor o 

An act in relation to domestic animals running at large vk'ithin the State of Illinois 4 

An act to prevent the spread of contagious and infectious diseases among swine 6 

APPROPRIATIONS: 

. An act making appropriations for the State Board of Agriculture, and county and other agricul- 
tural fairs 7 

An act making appropriations for the State Board of Agriculture to be used in the construc- 
tion of permanent buildings and improvements and for beautifying the State Fair 
grounds at Springfield, Illinois 8 

An act to provide for the location, erection, organization and management of an asylum for 
the incurable insane, and making an appropriation for the construction of necessary build- 
ings 9 

An act makinsj an appropriation for the payment of the award entered by the Commission of 
Claims on the 34th day of January, 1895, in favor of Patrick R. Bannon, on account of dam- 
ages sustained by him as the owner of certain real estate and property overflowed by waters 
gathered by a dam constructed by Canal Commissioners of this State 11 

An act making appropriations for the ordinary expenses of the State institutions herein 
named 12 

An act making appropriations to the State Institutions herein named 13 

An act making an appropriation for the Illinois Industrial Uomefor the Blind, at Chicago. .. 17 
An act to make an appropriation for rebuilding the administration building and the south dor- 
mitories and wings of the Southern Hospital for the Insane, at Anna 18 

An act to establish the Illinois Western Hospital for the Insane and making an appropriation 
for the purchase of land and the construction of necessary buildings, and to regulate the 

commitment of insane persons thereto 18 

An act to establish and maintain a home for the disabled mothers, wives, widows and daughters 
of disabled or deceased soldiers in the State of Illinois and to provide for the purchase and 

maintenance thereof -iJ 

An act to provide for the participation of the State of Illinois in "The Cotton States and 
International Exposition," to be held at Atlanta, Georgia, beginning September 18, 1895, and 

making an appropriation therefor "-io 

An act making an appropriation for the relief of Mark Clark ~6 

An act making an appropriation for the relief of J. A. Cowlin; 27 

An act making an appropriation in aid of the Illinois Dairymen's Association 27 

An act to amend an act entitled "An act to assist farmers in holding farmers' county institutes 
for educational purposes, and for developing the agricultural resources of the State, and 

appropriating moneys therefor," approved June 16, 1891; in force .July 1, 1891 28 

An act to pay Mrs. Tranqnilla Freeman for services performed and expenses incurred in com- 
pleting the v?ork of the office of Supreme Court Reporter from August 23, 1894, to October 
24,1894 29 

An act to make an appropriation for the payment of the expenses of the committees of the 

39th General Assembly 29 

An act to make an appropriation for the payment of the expenses of the committees of the 

39th General Assembly 30 

An act making appropriation for the payment of the employes of the 39th General Assembly.. 3i) 

An act making appropriation for the payment of the employes of the 39th General Assembly.. 31 

An act ma*inJap(5r'onriation for the payment of the employes of the 39th General Assembly.. 31 



IV CONTENTS. 



Page. 

An act to provide for the incidental expenses of the 39th. General Assembly of the State of Illi- 
nois, and for the care and custody of the State House and grounds, incurred or to be incurred, 
and now unprovided for 32 

An act to make an appropriation for the relief of Corporal William B.Henry for Injuries 
received while in active service with the Illinois National Guard 32 

An act making an appropriation in aid of the Illinois State Horticultural Society 83 

An act making an appropriation for permanently furnishing the office of the Insurance Super- 
intendent 33 

An act to appropriate money to pay balance of salary due C. P. Johnson as secretary of the 
State Board of Live Stock Commissioners for the six months ending June 30, 1893 34 

An act making an appropriation for ordinary expenses of the State Laboratory of Natural His- 
tory, for the improvement of the library thereof, and for the expenses of the State Entomol- 
ogist's office 34 

An act to provide for the payment of an amount found to be due and owing by the Commission 
of Claims from the State of Illinois to certain persons herein named 35 

An act to provide for the erection of monuments to mark the position occupied by Illinois 
volunteers in the battles of Chicamauga, Georgia; Lookout Mountain and Missionary Ridge, 
Tennessee 3S 

An act to appropriate the sum of twelve hundred (1,200) dollars for the erection of a suitable 
monument to the memory of Thomas Ford, and for providing for proper atteiitions tp said 
grave 37 

An act making an appropriation to provide for the cost of a memorial stone by the State of 
Illinois for the B^ancie Scott Key monument 38 

An act accepting the conveyance of the Lincoln monument and grounds and to provide for the 
care and custocly of the same, and to make an appropriation for a dwelling house for the 
custodian, and to pay the custodian and preserve the monument 38 

An act for an appropriation for a monument at Alton to the memory of Elijah P. Lovejoy 40 

An act making appropriations for the payment of the expenses of the Illinois National 
Guard while on active duty during the year 1894, for the ordinary and contingent expenses 
of the same to June 30, 1895, and to uniform and equip the Illinois National Guard 41 

An act to provide for the ordinary and contingent expenses of the Illinois National Guard, and 
the improvement and repair of the rifle ranges of the Illinois National Guard 42 

An act to newly pave and curb portions of certain streets adjoining the property of the State 
in the city of Springfield, and to reimburse the city of Springfield the sutn of $288.60 for pav- 
ing Fifth street in said city opposite the State Arsenal ■ 42 

An act making appropriations for conveying convicts to the penitentiary, and from and-to the 
penitentiary in case of new trial or to be used^s witnesses in criminal cases, ana for convey- 
ing juvenile offenders to the State Reformatory at Pontiac, and juvenile female offenders to 
the State Home for Juvenile Female Offenders, and declaring an emergency 44 

An act making appropriations for the Illinois State Penitentiary at Joliet for the two years 
beginning July 1, 1895. and ending Jaly 1, 1897 45 

An act making appropriations for the State Penitentiary at Chester, Illinois, for the two years 
beginning July 1, 1895, and ending July 1, 1897 46 

An act making appropriations for the Illinois State Reformatory at Pontiac, for the two years 
beginning July 1, 1895, and ending July 1, 1897 47 

An act to make an appropriation for the expenses of the Illinois State Reformatory 4S 

An act to pay John Scanlon for injuries sustained while in the line of duty as a member of the 
Illinois National Guard 49 

An act to provide for the ordinary and contingent esoenses of the State government until the 

^ expiration of the fiscal quarter after the adjournment of the next regular session of the 
General Assembly 51 

An act making an appropriation for the payment of the officers and members of the next 
General Assembly, and for the salaries of the officers of the State government 61 

An act making an appropriation to defray the expenses of the Joint Commission on Statutory 
Revision of the Thirty-Eighth General Assembly 61 

An act making an appropriation for the relief of E. P. Summers 62 

An act to establish and maintain the Eastern Illinois State Normal School C3 

An act making appropriations for the University of Illinois 67 

An act appropropriating to the University of Illinois, the money granted in an act of Congress 
approved August 30, 1890, entitled "An act to apply a portion of the proceeds of the public 
lands to the more perfect endowment and support of the colleges for the benefit of agricul- 
ture and the mechanic arts, established under the provisions of an act of Congress, approved 
July 2, 1862' : 68 

An act to establish and to maintain the Northern Illinois State Normal School 69 

An act to make an appropriation for the construction of a suitable building for ihe library, 
museum, laboratory and class rooms for the Southern Normal University at Carbondale, 
Illinois , 73 

An act to make an appropriation for the ordinary expenses of the Southern Illinois Normal 

LTniversity at Carbondale 76 

An act making an appropriation for the Illinois State Normal University 76 

An act to make an appropriation for the ordinary and other expenses of the Illinois State 
Normal University 77 



CONTENTS. 



Page. 

An act to establish a Vaccine Laboratory and making an appropriation therefor 78 

An act making an appropriation for the relief of Samuel Warren 7B 

ATTACHMENTS : 
An act to 'permit the sale of live stock levied upon in attachment suite TO 

ATTORNEYS AND COUNSELORS: 

An act to amend section ten (10) of "An act to revise the law in relation to attorneys and coun- 
selors" 7'i 

BAIL IN CIVIL CASES: 

An act to prevent the making of false schedules for the purpose of justifying as bondsmen in 
civil and criminal cases 80 

CEMETERIES: 

An act to amend section 1 of an act entitled "An act in relation to cemeteries," in force May 
27,1891 81 

CHARITIES: 

An act to amend sections four (4), nine (9) and thirteen (i;J) of "An act to provide for and aid 
training schools for boys," approved June 18,1883, in force July 1, 1883, and as further 
amended on June 23, 1885 81 

An act for the treatment, care and maintenance of the insane of the Illinois Soldiers and 
Sailors' Home S2 

An act to regulate the granting of relief to indigent war veterans and their families 83 

CITIES, TOWNS AND VILLAGES: 

An act to regulate the civil service of ci ies 85 

An act to amend an act entitled "An act to regulate the civil service of cities," approved March 
20, 1895, in force March 20, 1895 94 

An act to amend an act entitled "An act to provide for the incorporation of cities and vil- 
lages, approved April 10, 1872, in force July 1, 1872 95 

An act to amend section thirteen (13) of article one (1) of an act entitled "An act to provide 
for the incorporation of cities and villages," approved April 10, 1872, in force July 1, 1872. .. 96 

An act to amend an act entitled "An act to amend section one (1) of article one (1) of "An act 
to provide for the incorporation of cities and villages,' " approved April 10, 1872 97 

An act to legalize elections relatinff to the incorporation of cities, villages, pleasure driveway 
and park distr-cts held since July 1 , 1891 '. 97 

An act to authorize cities, villages, towns, and the inhabitants of aay limited territory holding 
any lands as a common, cities, villages and towns, who are endangered by the washing away 
of the banks of any river, to transfer their site and preserve the rights, powers and names 
of such cities, towns, villages or inhabitants 95 

An act increasing the number of school inspectors, elected under special acts, from six to 
seven members .• 99 

An act authorizing the highway commissioners of a township to construct sidewalks in unin- 
corporated villages 100 

An act to amend section 17, article 9, of an act to provide for the incorporation of cities and 
villages," approved April 10, 1872, in force July 1, 1872 100 

An act to create an organization and a fund for the pensioning of disabled fire insurance 
patrolmen and the widows and children of deceased patrolmen, and authorizing the retire- 
ment from service and the pensioning of members of the fire insurance patrol in cities, 
villages and towns where the population exceeds 50,000 inhabitants, having a paid fire insur- 
ance patrol 101 

An act entitled "An act to enable cities, towns and villages, organized under any general or 
special law to levy and collect a tax or license fee from foreign fire insurance companies for 
the benefit of organized fire departments." 104 

An act to provide for payment of interest on warrants of municipal corporations lOti 

CLERKS Ot COURTS: 

An act to amend "An act in relation to issuing fee bills," approved and in force February 24, 
1859 7 lOti 

An act to amend section 6 of an act entitled "An act to revise the law in relation to clerks of 
courts," approved March 25,1874 106 



VI CONTENTS. 



CONVEYANCES: 

An act concerning land titles 109' 

An act to cure defects in the certiiicates of acknowledgments of deeds, mortgages and other 
instruments in writing taken before commissioners for this State in any of the other states 
or territories of the United States or District of Columbia, and to legalize tlie record of 
such deeds, mortgages and other instruments in writing, and to provide the manner in 
which the original and certified copies from the records of the same may be used in evi- 
dence 129 

CORPORATIONS: 

An act providing for the dissolution of corporations in certain cases 130 

An act regarding fees for the incorporation and the increase of capital stock of companies 
and corporations in this State i;32 

An act to amend an act entitlt'd "An act concerning corporations," approved April 18, 1872, in 
force July 1, 18T2, by providing for the voluntary dissolution of corporations organized or 
hereafter organized upon the stock plan thereunder, by adding thereto four sections, to be 
numbered sections 50, 51, 52 and 53, respectively 133 

An act in relation to the incorporation of educational institutions 134 

COUNTIES: 

An act to amend section sixty-one of an act entitled "An act to revise the law in relation to 
counties," approved March 31, IB?'', as amended by the act of May 20, 1879, relative to Cook 
county, as amended by act approved June 14, 1887, in force July 1, 1887 137 

COURTS: 

An act to amend an ict entitled "An act to revise the laws in relation to the Supreme Court," 
approved March 23, 1874, in force July 1, 1874 148 

An act to amend section three (3) of an act entitled "An act concerning Circuit Courts, and to 
fix the time for holding the same in the several counties in the judicial circuits in the State 
E iOf Illinois, exclusive of the county of Cook," approved May 24, 1879, in force July 1, 1879, 
and amended by an act approved June 16, 1891, in force July 1, 1891 148 

An act to amend section five (5) of "An act concerning Circuit Courts and to fix the time for 
holding the same in the several counties in the judicial circuits in the State of Illinois, ex- 
clusive of the county of Cook," approved May 24, 1879, in force July 1, 1879, as amended by 
an act approved June 26, 1885, in force July 1, 1885 14i^ 

An act to amend section seven of an act entitled "An act concerning Circuit Courts and to fix 
the time of holding the same in the several counties in the judicial circuits in the State of 
Illinois, exclusive of Cook county," approved May 24, 1879, in force July 1, 1879, and 
amended by an act approved and in force June 17, 1891 150 

An act to amend section thirteen (13) of an act entitled "An act concerning Circuit Courts, 
and to fix the time for holding the same in the several counties in the judicial circuits in 
the State of Illinois, exclusive of the county of Cook," approved May 24, 1879, in force July 
1, 1879 151 

An act to amend section sixty-six of an act to extend the jurisdiction of the County Courts and 
to provide for the practice thereof and fix the time for holding the same and to repeal an act 
therein named, approved March 26, 1874, in force July 1, 1874, and amendments thereto 152- 

CRIMINAL CODE: 

An act for the prevention of blindness ' 152 

An act for the prevention of blindness 152^ 

An act to amend an act entitled "An act to prevent and punish wrong to children," approved 

May 17,1877, in force July 1, 1877 15S 

An act to amend section eighteen (18) of article thirteen (13) of an act entitled "An act to re- 
vise the law in relation to criminal jurisprudence," approved March 27, 1874, in force July 
1, 1874 154 

An act to amend section one hundred and seventeen (117) of an act entitled "An act to revise 
the law in relation to criminal jurisprudence," approved March 27, 1874, in force July 1,1874 155 

An act to prohibit the use of clock, tape, slot or other machines or devices for gambling pur- 
poses , 156 

An act to prevent the wrongful taking of news dispatches from telegraph or telephone wires 
and to provide a penalty for violation thereof If! 

An act entitled "An act concerning travel upon public highways." 157 

An act in relation to the sentence of persons convicted of crime and providing for a system of 
parole 158 

An act to prohibit barber shops from keeping open on Sunday IBO^ 



CONTENTS. * VII 



Pagk. 
DRAINAGE: 

An act in relation to the abatement of assesement for benefits in levee and drainage districts.. 161 

An act authorizinff all drainage districts to issue bonds, and providing for the registration and 
payment thereof. 162 

An act to amend sections twenty (20), twenty-one (31), twenty-two (22) and twenty-five (25) and 
to repeal sections twenty-three (23) and twenty-four (34), of an act entitled "An act to pro- 
vide for the construction, reparation and protection of drains, ditches and levees across the 
lands of others, for agricultural, sanitary and mining purposes, and to provide for the or- 
ganization of drainage districts," approved and in force May 29, 1879, as amended by an act 
entitled "An act to revise and amend an act and certain sections thereof, entitled 'An act to 
provide for the construction, reparation and protection of drains, ditches and levees across 
the land of others, for agricultural, sanitary and mining purposes, and to provide for the 
organization of drainage districts,' approved and in force May 29, 1879, as amended by cer- 
tain acts herein entitled and to repeal certain laws therein named," apnroved June 30, 1885, 
inforce July 1,1885 164 

An act to amend an act entitled ''An act to provide for drainage of [for] agricultural and 
sanitary purposes, and to repeal certain acts therein named," approved June 27, 1885, in 
force July 1,1885 166 

An act to amend sections 12 and 20 of "An act to create sanitary districts and to remove ob- 
structions in the Desplaines and Illinois rivers," approved May 29, 1889, in force July 1, 
1889 168 

ELECTIONS: 

An act to amend an act entitled "An act regulating the holding of elections and declaring the 
result thereof in cities, villages and incorporated towns in this State," approved June 19, 
1885, inforce July 1, 1885 169 

An act to amend sections ninety-seven (97) and one hundred and sixteen (116) of an act entitled 
"An act in regard to elections, and to provide for filling vacancies in elective offices" 170 

An act to amend section thirteen (13) of an act entitled "An act in regard to elections and to 
provide for filling vacancies in elective offices," approved April 3,1872, in force July 1, 1872, 
as amended by act approved April 11, 1873, in force July 1, 1873 171 

An act to amend section thirty (30) of an act entitled "An act in regard to elections and to 
provide for filling vacancies in elective offices," approved April 3, 18(2, in force July 1, 1872, 
ae amended by an act approved June 18, 1883, in force July 1, 1883, and also amended by an 
act approved June 39, 1885, and in force July 1, 1885 171 

An act to amend section sixty-three (63) of an act entitled "An act in regard to elections and to 
provide for filling vacancies in elective offices," approved April 3, 1872, in force July 1, 1872, 
(L. 1871-2,p. 380) 173 

EMPLOYMENT: 
An act to include in judgments for wages the services of the laborer's horse or team 173 

EXEMPTIONS: 

An act to amend section two (2) of an act entitled "An act to exempt certain personal prop- 
erty from attachment and sale on execution and from distress from rent," approved May 
24,1877, inforce July 1, 1877 173 

FEES AND SALARIES: 

An act to amend an act entitled "An act to allow a per diem fee to clerks of the circuit and 
probate courts in counties of the second class," approved June 15, 1893, in force July 1,1893. 175 

An act to amend section one (1) of an act entitled "An act providing for the remission of fees 
of the clerks of county courts in certain cases in counties of the hrst and second class,"" ap- 
proved jQuel8, 1891 175 

GENERAL ASSEMBLY: 

An act to provide for and fix the compensation of members of the General Assembly of the 
State of Illinois 176 

GUARDIAN AND WARD: 

An act to authorize county judges to release certain children from custody of poor-houses and 
to make contracts with persons for their support, maintenance and education 177 

INSURANCE: 
An act to authorize the consolidation of township insurance companies ; 177 



VIII CONTENTS. 



Page. 
An act to amend sections one (1), two (2), seven (7) and thirteen (13) of an act entitled "An act 
to provide for the organization and management of fraternal beneiiciary societies for the 
purpose of furnishing life indemnity or pecuniary benefits to the beneficiaries of deceased 
members, or accident or permanent indemnity disability to members thereof, and to control 
such societies of this State, and of other states doing business in this State, and providing and 
fixing the punishment for violation of the provisions thereof, and to repeal all laws now 
existing which conflict herewith, approved June 22, 1893 17& 

JUDGMENTS, DECREES AND EXECUTIONS: 

An act to amend sections eighteen (18), twenty (20), twenty-one (21) and twenty-seven a (27a) 
of an act entitled "An act in regard to judgments and decrees and the manner of enforcing 
the same by execution, and to provide for the redemption of real estate sold under execution 
or decree," approved March 22, 1872, in force July 1, 1872, as amended by an act approved 
May 31, 1879, in force July 1, 1879, and by an act approved and in force June 4, 1889 181 

JUSTICES AND CONSTABLES: 
An act to revise the law in relation to Justices of the Peace and Constables 185 

LIBRARIES: 

An act to amend section one (1) of "An act to authorize cities, incorporated towns and town- 
ships to establish and maintain free public libraries and reading rooms,'" approved and in 
force March 7, 1872, as amended by an act approved June 17, 1887, and as amended by an act 
approved May 25, 1889, and as amended by an act approved March 26, 1891 224 

LIENS: 

An act to revise the law in relation to mechanics' liens 226 

An act to protect laborers and miners for labor performed in developing and working in coal 

mines 212 

An act to amend an act entitled "An act to protect employes and laborers in their claims for 

wages," approved June 15, 1887, in force July 1, 1887 '. 242 

LUNATICS, IDIOTS, ETC.: 

An act to amend sections 1 and 2 of an act entitled "An act to revise the law in relation to 
idiots, lunatics, drunkards and spendthrifts," approved March 26, 1874, in force July 1,1874.. 243 

An act to amend section nine (9) of chapter eighty-six (86) of an act entitled "An act to re- 
vise the law in relation to idiots, lunatics, drunkards and spendthrifts," approved March 26, 
1874, in force July 1, 1874 244 

MEDICINE AND SURGERY: 

An act to amend an act entitled "An act to regulate the practice of pharmacy in the State of 
Illinois," approved May 30, 1881, as amended by an act approved June 4, 1889 245- 

MINERS: 

An act to provide for the examinations of fire bosses and hoisting engineers at all coal mines 

in this State, where such services are necessary, and to regulate their employment 250 

An act to amend section eleven (11) of an act entitled "An act providing for the liealth and 
safety of persons employed in coal mines," approved May28, 1879, in force July 1,1879; as 
amended by an act approved June 18, 1883, and an act approved June 30, 1885, and to repeal 
section two (2) of an act entitled "An act to require inspectors of mines to f urnisti informa- 
tion to the State Geologist, and to provide for paying the expenses of the same," approved 

June 18, 1891 252 

An act to make mine inspectors inspectors of weights and measures at coal mines 255 

An act to amend paragraph "A" of section four (4) of an act entitled "An act to provide for 
the examination of mine managers, and to regulate their employment," approved June 18, 

1891, in force July 1, 1891 255 

An act to prohibit the use of certain oils in coal mines, and penalties for infraction of same.. 256 
An act to amend section four (4) of an act entitled "An act providing for the health and safety 
of persons employed in coal mines," approved May 28, 1879, in force July 1, 1879; as 
amended by acts approved June 18, 1883, and June 21, 1883, in force July 1, 18S3; as amended 
by an act approved June 30, 1885, in force July 1, 1885; as amended by an act approved June 
16, 1887, in force July 1, 1887, and as amended by an act approved June 4, 1889, in force July 
1,1889 258 

MORTGAGES: 

An act to regulate the assignment of notes secured by chattel mortgages, and to regulate the 
sale of property under the power of sale contained in chattel mortgages 260 



CONTENTS. IX 



Pa(;k 
TSIEGOTIABLE INSTRUMENTS: 

An act to amend sections 15 and 17 of an act entitled "An act to revise the law in relation to 
promissory notes, bonds, due bills and other instruments in writing,'' approved March IS, 
1874, in force duly 1, 1874 ; as amended by an act approved June 17, 1891, in force July 1,1891. 2t)l 

An an act to amend section VII of ''An act to revise the law in relation to promissory notes, 
bonds, due bills and other instruments in writing," approved March 18, 1874, and to reg- 
ulate the conduct of suits for enforcing payment of certain negotiable instruments on whicn 
parties are jointly or severally liable 265J 

An act to prevent extortion and compel the payment of debts contracted for labor in bankable 
currency 263 

PARKS : 

An act to authorize the corporate authorities of towns to issue bonds for the completion and 
improvement of public parks and boulevards, and to provide a tax for the payment of the 
same 264 

An act to amend sections seven (7), eight (8) and twelve (12) of an act entitled "An act to pro- 
vide for the creation of pleasure driveway and park districts," approved June 19, 1893, and 
in force July 1, 1893 267 

An act to amend section one (1) of an act entitled "An act to enable park commissioners or 
corporate authorities to take, regulate, control and improve public streets leading to public 
parks, to pay for the improvement thereof, and in that behalf to make and collect a special 
assessment or special tax on contiguous property," approved and in force April 9, 1879; as 
amended by an act approved June 27, 1885, and in force July 1, 1885 270 

An act to provide for the organization of park districts and the transfer of submerged lands to 
those bordering on navigable bodies of water 272 

An act to amend an act entitled ''An act to provide for the assessment and collection of a "en- 
geral tax by cities for parks and boulevard purposes," approved and in force June 17,1893. .. 231 

An act to enabie park commissioners having control of any park bordering upon public waters 
in this State to enlarge the same from time to time, and granting submerged lands for the 
purpose of such enlargements and to defray the costs thereof 282 

An act to enable park commissioners to maintain and govern parks and boulevards under 
their control 285 

An act to enable park commissioners or park authorities to make local improvements and 
provide for the payment therefor 236, 

An act to enable park commissioners or park authorities to take, regulate, control and im- 
prove public streets, and to pay for the improvement thereof 290 

PRACTICE : 

An act to amend section one (1) of an act entitled "An act concerning the jurisdiction of cir- 
cuit courts in cases Instituted against life and fire insurance companies," approved April 3, 
1873, in force July 1,1873 292 

RAILROADS AND WAREHOUSES: 

An act to amend section fourteen (14) of "An act in relation to fencing and operating rail- 
roads," approved March 31, 1874, in force July 1, 1874 293 

An act to amend an act entitled "An act relating to lessees in this State of railroads in adjoin- 
ing states," approved March 30, 1875, in force July 1, 1S75 293 

An act to amend section one (1) of an act entitled "An act compelling railroad companies in 
this State lo build and maintain depots for the comfort of passengers, and for the protection 
of shippers of freight at towns and villages on the lines of their roads 294 

REFORMATORIES: 

An act to amend sections one (1), two (2), sixteen (16), twenty-four (24) and twenty-seven (27), 
and to repeal sections seventeen (17), eighteen (18), twenty-three (23) and twenty-nine (29) 
of an act entitled "An act to provide for a State Home for Juvenile Female Offenders," ap- 
proved June 22, .1893. in force July 1, 1893 " 295 

REVENUE: 

An act to amend section one hundred and eighty-five (185) of an act entitled ''An act for the 
assessment of property and for the levy and collection of taxes," approved March SO, 1872, 

in force July 1, 1872, as amended by an act approved May 3, 1873, in force July 1, 1873 297 

An act to provide for the necessary revenue for State purposes 298 

An act to amend sections two hundred and one (201), two hundred and two (202), two hundred 
and ten (210) and two hundred and thirteen (213) of an act entitled "An act for the assess- 
ment of property and for the levy and collection of taxes." approved March 30, 1S72, in 
force July 1, 1872 293 

— B 



CONTENTS. 



Page. 

An act in relation to the asseBsment of the property of Mutual Building, Loan and Homestead 
Associations 300 

An act to tax gifts, legacies and inheritances in certain eases and to provi'de for the collection 
of the same 301 

ROADS AND BRIDGES: 

An act to enable commissioners of highways to condemn lands under the right of eminent 
domain, for the purpose of procuring rock, gravel or other material for building or repair- 
ing public roads 308 

An act to amend sections one (1) and two (2) of an act entitled "An act requiring the de- 
struction of cockle burr weed or plant,'' approved May 31, 1879, and by adding thereto sec- 
tions 3,4 and 5... 308 

An act to amend section eleven (11) of an act entitled "An act in regard to roads and bridges 
in counties under township organization and to repeal an act and' parts of an act therein 
named," approved June 23, 18^3, in force July 1, 1883 309 

SCHOOLS: 

An act authorizing school districts managed by boards of education and directors to establieh 
and maintain kindergarten schools 310" 

An act to amend section tnree of article seven of an act entitled "An act to establish and 
maintain a system of free schools,"' approved and in force May 21, 1889 311 

An act to provide for the formation and disbursement of a public school teachers' and public 
school employes' pension and retirement fund in cities having a population exceeding one 
hundred thousand inhabitants 312 

An act to amend section two, article three of "An act to establish and maintain a system ot 
free schools," approved and in force May 21, 1889 315 

SLANDER AND LIBEL : 
An act in relation to libel 315 

STATE MILITIA: 

An act to amend section 3, article 1, of an act to provide for the organization of the State 
mihtia and entitled ''The Military Code of Illinois," approved May 28, 1879, in force July 1, 
1S79 31& 

TOWNSHIP ORGANIZATION: 

An act to amend section one (1) of an act entitled "An act to provide for the election of assess- 
ors in townships containing not less than forty thousand (40,000) and not more than one 
hundred thousand (100,000) inhabitants, in counties under township organization, and fixing 
the compensation of such assessors," approved June 19, 1893, in force July 1, 1893 31T 

An act to amend section sixteen (16) of article one (1) of an act entitled "An act to revise the 
law in relation to township organization," approved and in force March 4, 1874 318 

An act to amend section one of article three of "An act to revise the law in relation to town- 
ship organization," approved and in force March 4, 1874, as amended June 4, 1889, in force 
July 1, 1889 319 

TRADE MARKS: 

An act to amend section one (1), two (2) and three (3) of an act entitled "An act to protect 
associations, unions of workingmen and persons in their labels, trade marks and forms of 
advertising," approved May 8, 1891, in force July 1, 1891 319 

UNITED STATES FLAGS: 

An act to provide for placing United States national flags on school houses, court houses and 
other public buildings in this State 321 

An act to require the United States flag to be placed upon all public buildings in Illinois, or 
upon a ilag pole erected within the school grounds surrounding such school buildings 323 

UNIVERSITIES, COLLEGES, ACADEMIES, ETC.: 

An act to provide for the annual inspection of the several departments of the universities, col- 
leges, academies and other educational institutions organized under the laws of the State of 
Illinois .....324 

An act to provide for State scholarships in the University of Illinois, and the manner of 
awarding the same 325 



CONTENTS. XI 



Page. 
WILLS: 

An act to amend section seven (7) of an act entitled "An act in regard to wlUe," approved 
March 30, 1872, in force July 1. 1873 327 

RESOLUTIONS, JOINT: 

Additional compensation to elevator conductors :i29 

Adjournment from January 24 to January 29 329 

Adjournment from March 39 to April 3 330 

Adjournment from April 12 to April 17 330 

Adjournment, sine die 330 

Allowing the Uniformed Rank Knights of Pythias to occupy Camp Lincoln 330 

Amendment to the Constitution 331 

Carriers engaged in inter-state commerce 332 

Claims under swamp-land grant 332 

Committee to attend the funeral of the Honorable Walter Q. Gresham 333 

Committee to examine enrolled bills 333 

Committee to prepare joint rules 333 

Construction of the act establishing the Eastern lUinoia Normal School 333 

Death df Edward L. McDonald 334 

Death of Frederick Douglas 334 

Death of James W. Scott 335 

Death of the Honorable Walter Q,. Gresham 335 

Election of United States Senator 336 

Electric railway at the Elgin Asylum 336 

Flag on State House 336 

Illinois Reports for Cumberland and Jersey counties 337 

Military land grants 338 

Outlet from Spring Lake to Illinois river 338 

Pension to General John A. McClernand 3:39 

Printing the Governor's biennial message 340 

Records of Illinois Seamen in U. S. Navy 340 

Transfer of Lincoln Monument 340 

WauKegan Harbor 341 



LAWS OF ILLINOIS, 



AGRICULTURE AND HORTICULTURE. 



ILLINOIS farmers' INSTITUTE. 



§ 1- 



§ 3- 
§ 4. 



Creates Illinois Farmers' Institute. 

To consist of three delegates from each 
lionntj. 

Board of Directors. 

Board of Directors — Duties — Annual re- 
port—Printing of reports. 



Annaal public meetings- 
rectors. 



•Election of di- 



§ 6. Terms of otRce of directors— Vacancie* — 
organization and election of officers. 



§ 8. 



Rooms in Capitol to be assigned Board 
of Directors. 

Ru'es and by-laws. 

Appropriation— First Board of Directorg. 



An Act creating the Illinois Farmers' Institute. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in tlie General Assembly : That to assist and encourage 
nsefal education among the farmers and for developing the agricul- 
tural resources of the State, that an organization under the name 
and style of "Illinois Farmers' Institute," is hereby created and de- 
clared a public corporation of the State. 

§ 2. It shall consist of three delegates from each county of the 
State, elected annually at the Farmers' Institute for said county 
by the members thereof. 

§ 3. The affairs of the Illinois Farmers' Institute shall be man- 
aged by a board of directors consisting of, 

(1.) State Superintendent of Pablic Instruction. 

(2.) Professor of Agriculture of the University of Illinois. 

(3.) President of the State Board of Agriculture. 

(4.) President of the State Horticultural Society. 

(5.) President of the State Dairymen's Association. 

And one member from each congressional district of the State, 
to be selected by the delegates from the district present at the 
annual meeting of this organization, provided that the nie Libers 



AGRICULTURE AND HORTICULTURE. 



first selected from the congressional districts of even numbers 
shall serve for one year and the members first selected from the 
congressioaal districts of odd numbers shall serve for two (2) 
years, and that the members selected thereafter to fill expired 
terms of office shall serve for a period of two (2) years. 

§ 4. The board of directors of the Illinois Farmers' Institute 
shall have sole care and disposal of all funds that may be appro- 
priated by the State to sustain the organization and shall expend 
the same in such manner as in their judgment will best promote 
the interest in useful education among the farmers and develop 
the agricultural resources of the State. The Illinois Farmers' In- 
stitute shall make annual report to the Governor of its transactions, 
which report shall include papers pertaining to its work and ad- 
dresses made at the annual meeting of the organization, and a 
classified statement of all moneys received and of all expenditures 
made, and the Governor shall cause ten thousand (10,000) copies 
of said report to be printed, one-half for the use of the Illinois 
Farmers' Institute and the remainder for the use of the State 
and General Assembly. It shall make no appropriation without 
funds in hand to meet same and the State of Illinois shall in no 
event be held liable or responsible for any debt, obligation or con- 
tract made by the Illinois Farmers' Institute or its board of di- 
rectors. 

§ 5. There shall be held annually, under the direction of the 
board of directors, between October 1st and March 1st following, 
of each year, a public meeting of the delegates from county farm- 
ers' institutes and of farmers of this State at such time and place 
as may be determined by the board of directors of not less than 
three (3) days duration, which meeting shall be held for the pur- 
pose of developing the greater interest in the cultivation of crops, 
in the care and breeding of domestic animals, in dairy husbandry, 
in horticulture, in farm drainage, in improved highways and gen- 
eral farm management, through and by means of liberal discussion 
of these and kindred subjects and any citizen may take part in 
these meetings, but only duly elected and accredited delegates from 
county farmers' institutes shall be permitted to vote in the election 
of the board of directors. 

§ 6. The members [of] each new board of directors shall enter 
upon their duties the next Tuesday after their election and hold 
their offices for one or two years, as provided in section 3, or until 
their successors are elected and enter upon their duties. It shall 
have power to fill vacancies in the board. It shall organize by 
the election of a president, vice-president, secretary, treasurer and 
state superintendent of the Farmers' Institutes, and such other 
officers or agents as may be deemed proper for organizing and con- 
ducting the work of the organization, who shall hold their offices 
for one (1) year unless removed sooner by the board, and shall 
perform such duties as may be required of them by rules of the 
board. The secretary, treasurer and superintendent may be other 
than members of the board. 



ANIMALS. 6 

% 7. Rooms in the Crapitol building shall be assij^^ned to the 
officers of this ori^anizatioti by the proper authority, whieli shall 
then be under the control of the board of directors. 

§ 8. The board of directors may make and enforce such rules 
and by-laws, not in conflict with the laws of this State, as will 
render its work most useful and efficient. 

§ 9. For the purpose mentioned in the preceding eections, said 
board of directors may use such sum as it may deem proper and 
necessary, not exceeding the amount appropriated therefor by the 
General Assembly from the general fund for that purpose: Pro- 
vided, further, that the 

(1.) State Superintendent of Public Instruction. 

(2.) Professor of Agriculture of the University of Illinois. 

(3.) President of the State Board of Agriculture. 

(4.) President of the State Horticultural Society. 

(5.) President of the State Dairymen's Association. 

And the present congressional representatives of the Illinois 
Farmers' Institute Association shall coustitute the first board of 
directors of this organization, who shall have charge of the affairs 
of the same until their successors have been duly elected and enter 
upon their duties as provided in this act. 

Appkoved June 2-4, 1895. 



ANIMALS. 



HOKSES — FALSE ENTRIES IN RACEe. 



§ 4. Official record in evidence. 
§ 5. Emergency. 



§ 1. Prohibit false entries in races. 
§ 2. Violation of Section 1 — Pena'.ty. 
I 3. Change of name of horse. 

An Act to encourage the breeding of and imiirovemerd in horses, 
and to prevent false entries in exhibitions or races, and to pro- 
vide pencdties therefor. 

Section 1. Be it enacted by the People of the Slcde of Illi- 
nois, represented in the General Assembly: That in order to en- 
courage the breeding of and improvement in trotting, running and 
pacing horses in the State of Illinois, it is hereby made unlawful 
for any person or persons knowingly to enter, or cause to be entered 
for competition, or knowingly to compete with any horse, mare, 
gelding, colt or filly under any other than its trae name or out 
of its proper class, for any purse, prize, premuim, stake or sweep- 
stakes offered or given by any agricultural or other society, asso- 
ciation, persDn or persons in the State of Illinois, where such 
prize, purse, premuim, stake or sweepstakes is to be decided by a 
contest of speed. 



ANIMALS. 



§ 2. Any person or persons found guilty of a violation of sec- 
tion one of this act, shall, upon conviction thereof, be imprisoned 
in the state prison for not less than one year nor more than 
three years, or imprisoned in the county jail of the county in 
which he is convicted for any defiuite period not less than six 
TOonths, or shall be fined in any sum not less than one hundred 
(100) dollars nor more than one thousand (1,000) dollars. 

§ 3. The name of any horse, mare, gelding, colt or filly, for 
the purpose of entry for competition or performance in aay con- 
test of speed, shall be the name under which said horse has pub- 
licly performed, and shall not be changed after having once so 
performed or contested for a prize, purse, premium, stake or 
sweepstakes, except as provided by the code of printed rules of 
the society or association under which the contest is advertised to 
be conducted. 

§ 4. It is further provided that the official records shall be received 
in all courts as evidence upon the trial of any person Tinder the 
provisions of this act. 

§ 5. Whereas, an emergency exists, this act shall be in force 
from and after its passage. 



Tliia bill, liaving remained with the Governor for the period of tea days, Sundays excepted, 
after having been presented to him, and he having neither approved the same nor returned it with 
his objections thereto, to the House in which it originated, and the General Assembly being in 
session, it becomes a law in like manner as if he had signed it. 



AVitness my hand, this 31st day of May, A. D., 1895. 



W. H. HINRICHSEN, 

Secretary of State. 



RUNNING AT LARGE. 



5 1. Prohibits animals from running at large 
in the State. 

§ 3. Penalty— Herding of animals upon un- 
iuclosed lands, within this act. 

§ 3. Highway commissioners to prepare suit- 
able pound— Pound-master. 



§ 4. Pound-master to enforce act— Penalty. 

§5. Construction of act. 

§ 6. Repeals certain acts therein named. 



An Act in relation fo domestic animals running at large within 
the State of Illinois. 

Section 1. Be it enacted by the People of the State of 
Illinois, represenied in the General Assembly: That hereafter it 
shall be unlawful for any animal of the species of horse, ass, 
mule, cattle, sheep, goat, swine or geese to run at large in the 
State of Illinois. 

§ 2. Whoever being the owner or having control of any 
domestic animal of the species mentioned in section 1 of this act, 



ANIMALS. 



shall suffer the same to run at large shall be fined not less than 
two dollars nor more than ten dollars for each offenee, and for every 
day he shall permit the same to run at large after having once 
been couvicted under this act. The herding of any such animals 
upon uninclosed lands without the consent of the owner or person 
having control of such lands shall be deemed a running at large 
under this act. 

§ 3. It shall be the duty of the commissioners of highways in 
townships in counties under township organization and the boards 
of county commissioners in counties not under township organiza- 
tion, as soon as this act takes effect, to select and prepare a 
suitable pound near the center of each township or voting dis- 
trict in counties under township organization, and near the center 
of each voting precinct in counties not under township organiza- 
tion, appoint a poundmaster, and fix his fees and charges which 
shall remain as fixed until the next annual election at which time 
the same may be changed or amended by a majority vote of the 
electors present, who shall at the same time elect a poundmaster 
for the ensuing year. Said poundmaster shall hold his office for 
one year and until his successor is duly elected: Provided, how- 
ever, that iu case the person so elected shall fail to act, iv a 
vacancy occurs through resignation, removal, death or any other 
cause whatever, the commissioners of highways shall fill such 
vacancy by appointing a person to act as poundmaster until the 
next annual election. 

§ 4. It shall be the duty of the poundmaster to enforce the 
provisions of this act in his district, and for any failure so to do, 
he shall be liable to a fine of not less than three dollars nor more 
than twenty dollars. 

§ 5. Nothing in this act shall be construed to affect counties 
or townships which already have in force a law restraining the 
animals mentioned in this act from running at large. 

§ 6. An act entitled "An act to revise the law in relation to 
permitting animals to run at large," approved March 30, IHT-i, iu 
force July 1, 1874, and an act entitled "An act to prevent male 
animals running at large and for their restraint," approved March 
8, 1872, in force July 1, 1872, and an act entitled "An act to 
prevent animals running at large within the corporate limits of 
incorporated cities, villages and towns," approved June 16, 1891, 
in force July 1, 1891, are hereby repealed. 

Appeoved June 21, 1895. 



ANIMALS. 



SAVINE— CONTAGIOUS AND INFECTIOUS DISEASES. 



g 1. Swine not to run at large— Penalty— Herd- § 3. Diceaaed swine or carcasses thereof ex- 
ing swine within this act. eluded from public highways. 

§3. Prevention of hog cholera— Duty of owner §4. Violations of sections 2 and 3 — Penalty, 
of disea.«ed swine. 

An Act io prevent ihe spread of contagious and infedioiis 
diseases among swine. 

Section 1. Be H enacted by the People of the State of Illinois, 
represented in the Genercd Assemhly : That whoever, being the 
owner of, or having charge of any swine, shall suffer the same to 
run at large shall be fined not less than three dollars (S3) nor 
more than ten dollars ($10) for each offense, and for every day he 
shall allow the same to run at large after having been once con- 
victed under this act. The herding of any swine upon the grounds 
of another without the consent of the owner or person having con- 
tiol of such giounds shall be deemed a running at large under 
this act. The law providing for holding elections to vote upon the 
question of allowing domestic animals to run at large, shall not be 
construed to apply to swine. 

§ 2. It shaJl be the duty of the owner or person having charge of 
any swine and having knowledge of, or reasonable grounds to sus- 
pect the existence among them of the disease known as "hog 
cholera," or of any contagious or infectious disease, to use all 
reasonable means to prevent the spread of the same, and upon its 
coming to his knowledge that any of such swine has died of, or 
been slaughtered on account of any such disease, to immediately 
burn, or bury the same to a depth of two (2) feet. 

§ 3. No person shall convey upon or along any public highway, 
or other public grounds, or any private lands, any diseased swine, 
or swine known to have died of or been slaughtered on account 
of aii}^ contagious or infectious disease. 

§ 4. Any person convicted of a violation of sections two (2) or 
three (3) of this act, shall be fined in any sum not less than 
five (5) nor more than fifty (50) dollars, and shall be held 
liable in damages to the person or persons who may have 
suffered loss on account of such violation. 

ArPLOTED June 21, 1895. 



APPKOPRTATTONS. 



APPROPEIATIONS. 



AGRICULTURE — STATE AND COUNTY BOARDS. 



4 1. Appropriates to the State Board of Agri- 
cultare the following sums: 

For exhibit at State Fair, $5,000 per 
annum, 

To each county or other agricultural 
society entitled thereto, $100 per an- 
num. 

For salary of the secretary, fi.iOOper 
annum. 

For clerli hire, $'2,2O0 per annum. 

For salary of curator, .$800 per annum. 



§ 3. 



For salary of porter, $720 per annum. 

For as^ricultural museum, $300 per an- 
num. 

For agricultural statistics, .?600 per an- 
annum. 

For office expenses, furniture, etc., $1,200 
per annum. 

How drawn — Gambling devices on county 
fair grounds prohibited. 

Officers of Stale Board to account for 
moneys received and disbursed. 



An Act making appropriaUons for the State Board of AqricuU 
iure and county and other agricultural fairs. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be aud is hereby 
appropriated to the State Board of Agriculture the following sums, 
to-wit: 

For the encouragement of an exhibit at the State Fair, the sum 
of five thousand dollars ( S5,000) per annum for the years 1895 and 
1896; and for the use of each cjutity oi: other agricultural society, 
the sum of one hundred dollai-s ($100) per annum, to be paid to 
the treasurer of the society for fairs held in 1894 and 1895. 

For the salary of the secretary, the sum of twenty-five hundred 
dollars ($2,500) per annum for the years 1895 and 1896. 

For clerk hire, the sum of twenty-two hundred dollars ($2,200) 
per annum for the years 1895 and 1896. 

For curator, the sum of eight hundred dollars ($800) per annum 
for the years 1895 and 1896. 

For porter, thesum of seven hundred and tw^enty dollars ($720) 
per annum for the years 1895 and 1896. 

For the agricultural museum, the sum of three hundred dollars 
($300) per annum for the years 1895 and 1896. 

For the expense of collecting, compiling and publishing live stock 
and agricultural statistics, the sum of six hundred dollars ($600) 
per annum for the years 1895 and 1896. 

For office expenses, furniture, repairs, postage, expressage, etc, 
the sum of twelve hundred dollars ($1,200) per annum for the 
years 1895 aud 1896. 



APPROPRIATIONS. 



§ 2. That, on the order of the president, countersigned by the 
secretarj^ of the State Board of Agriculture, and approved by the 
Governor, the Auditor of Public Accounts shall draw his warrant 
upon the Treasurer, in favor of the treasurer of the Illinois State 
Board of Agriculture for the sums herein appropriated: Provided, 
that each warrant on account of county and other agricultural 
fairs shall show the agricultural society for whose benefit the Shme 
is di'awi], and that no warrant shall be drawn in favor of any ag- 
ricultural society unless the order aforesaid be accompanied by a 
certificate of the State Board of ^Agriculture, showing that such 
agricultural society held an agricultural fair during the preceding 
year, in compliance with the rules and regulations as provided by 
said State Board of Agriculture: Provided, further, that no war- 
rant shall be drawn in favor of any agricultural society until the 
president and treasurer of such society file an affidavit with the 
State Board of Agriculture that no wheel of fortune or other 
gambling device was licensed or allowed upon their fair grounds. 

§ 3. It shall be the duty of the treasurer of the State Board 
of Agriculture, on the order of the president, countersigned by 
the secretary of the State Board of Agriculture, to pay over to 
the treasurer of each agricultural society the sum received for its 
use and benefit, as aforesaid, and make biennial report to the 
Governor of all such appropriations received and disbursed by 
him. 



Approyed, June 13, 1895. 



§ 1. Appropriates to the state Board of Asri— 
culture, furbuildinr-s and improvements, 
at 8tate Fair Grounds, the following 
sums: 

For grand stand, $35,000. 

For machinery hall, $75,010. 



AGRICULTURE — STATE FAIR. 

For stables, !i;50,000. 

For sheep and swine buildinir, $18, GOD. 

For building for farm and orchard 

products, $40,0tX». 
For improvement of grounds, $7,000. 
2. How paid and drawn. 



An Act makiiig appropriaiion for ihe State Board of Agricul- 
ture, to he used m the construction of permanent buildings and 
improvements and for beautifying the State Pair Grounds at 
Springfield, Illinois. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in tlie General Assembly: That the following^ 
sums of money, or so much thereof as may be necessary, out of 
the State Treasury not otherwise appropriated, be, and the same 
are hereby appropriated to the State Board of Agriculture for the 
construction of permanent buildings for the State Fair and for 
the improvement and beautifying of the State Fair Grounds, viz.; 

For a grand stand, thirty-five thousand dollars ($35,000); for a 
machinery hall, seventy-five thousand dollars ($75,000); for stables 
for horses and cattle, fifty thousand dollars, ($50,000); for a sheep 



APPROrRlATIONS. 



and swine building, eighteen thousand dollars ($18,000); for build- 
ing for farm and orchard products, forty thousand dollars ($4-0,000); 
for improvement of the grounds, seven thousand dollars ($7,000). 

§ 2. That one-half of said sum shall be paid out of the tax 
levy of 181)5, and the other half shall be paid out of the tax levy 
of 1896: Provided, that all of said money shall be paid in 
installments from time to time as the same shall be needed to 
pay for the improvements authorized by this act, and on vouchers 
to be approved by the Governor. 

Approved, May 31, 1895. 



ASYLUM FOR THE INCURABLE INSANE. 



§ 5. Asylum subject to inspection of State 
Board of Public Charities. 

§ 6. Transier of incurables from existing Insti- 
tutions. 

§ 7. Transfer of incurables from county alms- 
houses. 

§ 8. Expenses of transfer from State institu- 
tions l)orne by State; from county alms- 
houses, by counties 



g 1. Establishes Illinois Asylum for the incur- 
able insane— Locaiion— Commission o*' 
tliree citizens. 

I 3. Commission to procure plans and specifi- 
cations— Buildinj;s to accommodate 200 
patients. Cost not to exceed $40,000— 
Flans subject to approval by State 
Board of I'ublic Charities and btate 
Board of Health. 

§3. Appropriates $65,000. 

§ 4. Medical Superintendent. 

An Act io provide for ilie locaiion, erection, orgnnizalion and 
management of an asylum for Ihe incurable insane, ami mak- 
ing an appropriation for the construction of necessary buildings. 

Section 1. Be it enacted by ihe People of the State of Illi- 
nois, represented in tlie General Assembly: That there be, and is 
hereby created and established an asylum for the proper care 
and custody of the incurable insane of the State, to be known 
as the "Illinois Asylum for the Incurable Insane." The said 
asylum shall be located upon grounds hereafter to be selected 
and located by a commission of three citizens of the State, to be 
appointed by the Governor. It shall be the duty of said commis- 
sion to locate said buildings in the most favorable situation in the 
State, having in view the best interest of the State. 

§ 2. The said commissioners are directed and required, to 
cause to be prepared the necessary plans and specifications, by a 
competent architect of established reputation for ability and integ- 
rity, said plans and specifications to embiace the most approved 
construction having reference particularly to strength and dura- 
bility, and also to prudence and economy of expenditures, and 
shall be accompanied by a detailed estimate of the total cost for the 
erection and full completion according to said plans of build- 
ings for the care and accommodation of two hundred (200) patients, 
with the usual proportion of officers and empljy^s, which shall 
not exceed in the aggregate the sum of forty thousand (40,000) 



10 APPROPRIATIONS. 



dollars, including the offices, kitchens, bakeries, laundry, coal 
houses, store house, and the cost of heating and lighting the same, 
together with the system of sewerage and water supply. No plan 
shall be adopted by the said commissioners, and for buildings 
that are thoroughly fire- proof, and which shall not first have 
been approved by the State Commissioners of Public Charities, and 
in respect to its sanitary features hy the State Board of Health. 
The erection of such buildings shall be made under the super- 
Tision of the board of commissioners appointed by the Governor. 

§ 3. The erection of buildings and completion of the whole, 
also for the purchase of furniture and fixtures at the discretion 
of the commissioners; also for the purchase of grounds for a suit- 
able site for the location of said buildings the sum of sixty-five thou- 
sand (65,000) dollars is appropriated, payable^ on the terms and 
in the same manner now provided by law, out of any moneys in 
the treasury not otherwise appropriated, and the commissioners 
are hereby directed and required so to apportion the expenditure 
of the said appropriation as to secure actual provision for the 
reception and care of the largest possible number of patients at 
the earliest practicable time. 

§ 4. When the asylum shall be ready for occupancy, the com- 
missioners sha'l appoint a medical superintendent of the asylum, 
who shall be a well-educated physician, experienced in the treat- 
ment of the insane, whose duties shall be the same as in the 
several hospitals for the insane in this State, as provided by law. 

§ 5. The said asylum shall be subject to the inspection of the 
State Board of Commissioners of Public Charities, in the same 
manner as now provided by law for their inspection of the several 
charitable institutions of this State, and their powers and duties 
with relation to such asylum shall be the same. 

§ 6. When the Illinois Asylum for the Incurable Insane is 
opened for the reception of patients, the medical superintendents 
of the Illinois Northern Hospital for the Insane, at Elgin; the 
Illinois Eastern Hospital for the Insane, at Kankakee; the Illinois 
Central Hospital for the Insane, at Jacksonville; the Illinois 
Southern Hospital for the Insane, at Anna, shall, with the consent 
of the board of trustees or board of commissioners of their 
respective institutions, proceed to transfer to said asylum for the 
incurable insane, all incurable insane that may be in their respec- 
tive institutions. 

§ 7. At any time after the Illinois Asylum for the Incurable 
Insane is opened for the reception of patients, it shall be the 
duty of the chairman of the board of supervisors, in counties 
undf^r township organization, and the chairman of the board of 
commissioners in counties not under township organization, to 
order transferred all incurable insane patients confined in their 
alms-houses in their respective counties: Provided, first that all 
said patients shall have been discharged from either of the insane 
asylums of the State of Illinois as incurable insane. 



APPROPKIATIONS. 11 



§ 8. The expenses of the transfer of any incurable insane per- 
eoMS from either of the insane institutions of the State, shall be 
paid out of any funds in the State treasury not otherwise appro- 
priated. The expenses of tra^isferring incurable insane persons from 
either of the county alms-houses located in any of the counties of the 
State shall be paid by the respective counties sending such incur- 
able insane patients to said Illinois Asylum for the Incurable 
Insane. 

ArPEOVED June 21, 1895. 



PATRICK K. BANNON. 

§ 1. Appropviaies $-2,S58.85 to Patric-k R. I § 2. How drawn. 
Itannon to jjay reward of Commission 
ol" Claims. 

An Act making cm appropriaiion for ihe payment of the award 
entered by the Commission of Claims on the 24th day of 
January, 1895, in favor of Patricfc B. Bannon, on account of 
damages sustained by him as ihe owner of certain real estate 
and property overflowed by waters gathered by a dam con- 
structed by Canal Commissioners of this State. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That there be and is hereby 
appropriated for the payment of the award and entered by the 
Commission of Claims of this State on the 21st day of August, 
1894, session thereof, being the 24th day of January, 1895, in lavor 
of Patrick R. Bannon, of the county of Will, on account of 
<lamages sustained by him as the owner of certain real estate and 
property overflowed by waters gathered by a dam constructed by 
the Canal Commissioners of tliis State, as set forth in the petition 
r,nd claim of the siid Patrick R. Bannon, by him filed with the 
Auditor of Public Accounts and ex-olficio clerk of the Commission 
of Claims, the sum of two thousand two hundred titty-eight 
dollars and eighty-five cents, ($2,258.85), being in full of all 
damages and costs in said award allowed as the same appears of 
record in the office of said Auditor of Public Accounts and ex-officio 
clerk of the Commission of Claims. 

§ 2, The sum hereby appropriated shall be in full satisfaction 
of all matters claimed for by said claimant in his statement, 
})etitioQ and claim, above mentioned, and the Auditor of Public 
Accounts shall issue his warrant on the Statf' Treasurer for the 
amount herein appropriated, in favor of the said Patrick R. Bannon 
or his legal representatives, and the State Treasurer shall pay the 
same out of any money in the treasury not otherwise appropriated. 

Approved June 13, 1895. 



12 APPEOrEIATIONS. 



STATE CHARITABLE INSTITUTIONS. 



Appropriates for the ordinary expenses 
of the State institutions therein named, 
for the year beginning July 1, lb95, 
$1,249,000. 



§ 2. Appiopriates for the same purpose for 
the year beginning July 1, lb96, $'.,249,- 
000. 

§ 3. How drawn. 

An Act maJdng appropriations for the ordinary expenses of 
the iStaie institutions herein named. 

Section 1. Be it enacted hy the People of the Sfate of 
Illinois, represented in the General Assembly: That there be 
and is hereby appropriated for the purpose of defraying the 
ordinary expenses of the State iostitutio js named in this act, for 
the year beginning July 1, 1895, the sum of $1,24:9,000, payable 
quarterly in advance, and that the said appropriation shall bt? 
apportioned between the institutions as follows: 

To the Northern Hospital for the Insane $150,000 

To the Eastern Hospital for the Insane £08,000 

To the Central Hospital for the Insane 165,000 

To the Southern Hospital for the Insane 125,000 

To the Asylum for Insane Criminals 2(i,000 

To the Institution for the Deaf and Damb 100,000 

To the Institution for the Blind 52,000 

To the Asylum for Feeble-Minded Children 80,000 

To the Soldiers and Sailors' Home 119,500 

To the Soldiers' Orphans' Home 52,500 

To the Charitable Eye and Ear Infirmary 26,000 

To the State Home for Juvenile Female Offenders... 15,000 

or so much thereof as may be necessary to maintain the inmates 
of said home, at a per capita not to exceed S300 per annum for 
each inmate committed to said institution in pursuance of any law 
of the State of Illinois. 

§ 2. For the purpose of defraying the ordinary expenses of 
said institutions for the year beginning July 1, 18'.)6, the sum of 
$1,249,000 is appropriated, payable quarterly in advance (which 
amount shall be apportioned among them as follows), and at the 
same rate thereafter, until the expiration of the first fiscal quarter 
after the adjournment of the next General Assembly: 

To the Northern Hospital for the Insane $150,0CO 

To the Eastern Hospital for the Insane 808,000 

To the fJentral Hospital for the Insane 165,000 

To the Southern Hospital for the Insane 125,000 

To the Asylum for Insane Criminals 26,000 

To the Institution for the Deaf and Dumb 100,000 

To the Institution for the Blind 52,000 

To the Asylum for Feeble-Minded Children 80,000 

To the Soldiers' and Sailors' Home 149,500 

To the Soldiers' Orphans' Home 52,500 

To the Charitable Eye and Ear Infirmary 26,000 

To the ?tate Home for Juvenile Female Offenders. . 15,000 



APPROPRIATIONS. 13 



or 80 much thereof as may be necessary to maintain the inmates 
of said home, at a per capita not to exceed $300 per annum for 
each inmate committed to said institution in pursuance of any law 
of the State of Illinois. 

§ 3. The money herein appropriated shall be due and payable 
to the trustees oE the several institutions named, or to their order, 
only, on the terms, and in the manner provided in the nineteenth 
section of an act entitled "An act to regulate the state charitable 
institutions and the State Reform School, and to improve their 
organization and increase their efficiency," approved April 15, 1875. 

Approved June "24, 1895. 



STATE CHAKITABLE INSTITUTIONS. 

g 1. Appropriates to the State Charitable Iq- § 2. How drawn, 
stitutionis $71,150 per annum and $i02,- 
]50 special. 

An Act making appropriations to the State Institutions herein 

named. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assemhlij : That the following sums be 
and are hereby appropriated to the State institutions named in 
this act, for the purposes herein stated: 

To the Northern Hospital for the Insane: 

For the construction of one covered passageway from female 
department to the general dining rooms, fifteen hundred dollars 
($1,500). 

For general repairs, six thousand dollars (16,000) per annum. 

For inside and outside painting, fifteen hundred dollars ($1,509) 
per annum. 

For concrete walks, fifteen hundred dollars ($1,500). 

For milch cows, farm implements and piggery, two thousand 
dollars ($2,000). 

For improvement of grounds, one thousand dollars ($1,000) per 
annum. 

For maintenance of library, five hundred dollars ($500) per 
annum. 

For four new boilers and necessary fittings to replace boilers in 
main building, six thousand dollars ($6,000). 

Foi' new apparatus for the laundry, five hundred dollars ($500). 

For repairs to oven and for purchase of a d^ugh mixer, five 
hundred dollars ($500). 



14 APPROPRIATIONS. 



To the Eastern Hospital for the Insane: 

For the purpose of making such repairs and improvements as 
may be necessary, fifteen thousand dollars (^15,00(3) per annum. 

For reconstruction and improvement of the central hea ing and 
power plants, four thousand dollars ($4,000). 

For reconstruction and improvement of plumbing, three thousand 
dollars ($3,000). 

For material and work repairing slate roofs, three thousand dol- 
lars ($3,000). 

For dairy-house, and materials and work repairing barns, twenty- 
five hundred dollars ($2,500). 

For addition for a dining room, one thousand dollars ($1,000). 

For the further equipment and support pathological laboratory, 
two thousand five hundred dollars ($2,500) per annum. 

For the equipment and maintenance of library and reading 
rooms, five hundred dollars ($500) per annum. 

For furniture and fixtures, five thousand dollars ($5,000) per 
annum. 

For cement walks, fifteen hundred dollars ($1,500). 

For painting inside and outside, five thousand dollars ($5,000), 
per annum. 

For roads and improvement of grounds, one thousand dollars 
($1,000) per annum. 

For additional live stock, two thousand dollars ($2,000). 

For refitting basements for dining rooms, five thousand dollars 
($5,000). 

To the Central Hospital for the Insane: 

For repairs and improvements, six thousand dollars ($6,000) per 
annum. 

For maintenance of library, four hundred dollars ($400) per 
annum. 

For painting, two thousand dollars ($2,000) per annum. 

For rebuilding old reservoir, five thousand dollars ($5,000). 

For new engine for electric light plant, and addition to building, 
four thousand dollars ($4,000). 

For new boilers, three thousand dollars ($3,000) 

For converting old amusement hall into wards for patients, two 
thousand dollars ($2,000). 

To the Southern Hospital for the Insane: 

For repairs and improvements, four thousand dollars ($4,000) 
per annum. 



APPROrKIATIONS. 15 



For maintenance of library, two hundred dollars ($200^ per 
annum. 

For painting, one thousand dollars ($1,000). 

For reservoir and improvements to water supply, three thoutand 
dollars ($3,000). 

For hot water tank and two pumps, five thousand dollars 
($5,000). 

For improvement of roads, fifteen hundred dollars ($1,500). 

For repairs to sidewalk, five hundred dollars ($500). 

For reshingling barns and cottage, five hundred dollars ($500), 

For furniture and equipment of new building, twenty thousand 
dollars (120,000). 

To the Asylum for losane Criminals: 

For repairs and improvements, fifteen hundred dollars ($1,500) 
per annum. 

For addition to building, twenty thousand dollars ($20,000). 

For furnishing addition to building, three thousand dollars 
($3,000). 

For maintenance of library, two hundred and fifty dollars ($250) 
per annum. 

For maintenance of electric plant, five hundred dollars ($500) 
per annum. 

For water supply, six hundred dollars ($600) per annum. 

To the Institution for the Deaf and Dumb: 

For repairs and improvements, four thousand dollars ($4,000) 
per annum. 

For maintenance of library, five hundred dollars ($500) per 
annum. 

For improvement of trades school and purchase of printing 
press, two thousand dollars ($2,000). 

For cottage for boys and furnishing same, twenty thousand 
dollars ($20,000). 

For otological laboratory, sixteen hundred dollars ($1,600). 

For water supply, eight thousand dollars ($8,000). 

For improvement of bathing facilities and plumbing, five thou- 
sand dollars ($5,000). 

For boilers and repairs, two thousand dollars ($2,000). 

For ice-house, three hundred dollars ($300). 

To the Institution for the Blind: 

For repairs and improvements, one- thousand dollars ($1,000) 
per annum. 

For maintenance of library, four hundred dollars ($400) per 
annum. 



16 APPBOPEIATIONS. 



For a gymnasium aDd drill hall, ten thousand dollars ($10,000). 

For repairing pipe organ, five hundred dollars ($500). 

For pianos and musical instruments, one thousand dollars ($1,000), 

For new boilers, three thousand dollars ($3,000). 

For changing steam fittings and plumbing, two thousand dol- 
lars, ($i,000). 

For relaj'ing floors, changing stairways, building wagon shed 
and repairing roof of main building, five thousand dollars ($5,000). 

To the Asylum for Feeble-Minded Children: 

For repairs and improvements, two thousand dollars ($2,000) 
per annum. 

For maintenance of library, two hundred dollars ($200) per 
annum. 

For a school house, ten thousand dollars ($10,000). 

For a new boiler, one thousand dollars ($1,000). , • 

To the Soldiers and Sailors' Home: 

For repairs and improvements, twenty-five hundred dollars ($2,- 
500) per annum. 

For maintenance of library, two hundred and fifty dollars ($250) 
per annum. 

For painting, five hundred dollars ($500) per annum. 

For improvement of grounds, five hundred dollars ($500) per 
annum. 

For a storage house for vegetables, fifteen hundred dollars 
($1,500). 

For reconstruction of water closets, twenty-five hundred dollars 
($2,500). 

For a cottage annex to hospital, eighteen thousand dollars ($18,- 
000). 

To the Soldiers' Orphans' Home: 

For repairs and improvements, one thousand dollars ($1,000) 
per annum. 

For painting, five hundred dollars ($500) per annum. 

For maintenance of library, three hundred dollars ($300) per 
annum. 

For building and famishing addition to school house, eighteen 
hundred dollars ($1,800). 

To the Charitable Eye and Ear Infirmary: 

For repairs and improvements, two thousand dollars ($2,000) 
per annum. 

For maintenance of library, one hundred dollars (8103) per 
annum. 



APPROrRiATIONS. 1? 



For furniture, one thousand dollars ($1,000). 

For clotiiing nnd bedding, seven hundred and fifty dollars 
{$150) per annum. 

For iustrumeuts and apparatus, five hundred dollars (S500) per 
annum. 

For reconstruction of annex, one thousand dollars ($1,000). 

For household expenses, five hundred dollars ($500) per annum. 

To the State Home for Juvenile Female Offenders: 

For horses, two hundred dollars ($200). 

For carriage, one hundred and fifty dollars ($150). 

For farm implements, one hundred dollars ($100). 

For furnishing of building, five hundred dollars ($500). 

For a library, two hundred dollars ($200) per annum. 

For stable and other improvements, one thousand dollars ($1,- 
OOO. 

For improvement of grounds, five hundred dollars ($500). 

§ 2. The moneys herein appropriated shall be due and payable 
io the trustees of the sever-il institutions herein named or their 
order, only on the terms and in the manner now provided by law. 

Approved June 24, 1895. 



INDUSTRIAL HOME FOR THE BLIND. 

§ L Appropriates to the lodagtrial Home for § 2. How drawn, 
thft Blind, $17,0* for working capital 
and completion of dormitory, and $10,- 
000 per annum for expenses. 

An Act making an appropriation for ihe Illinois Induslrial 
Home for iJie Blind, at Chicago. 

Section 1. Be it enacted by the People of the Slate of Illinois, 
represented in the General Assembly: That the following amounts 
be, and are hereby, appropriated to the Illinois Industrial Home 
for the Blind at Chicago, for the purposes hereinafter nsmed: 

For working capital to be permanently employed, $10,000. 

For completion of third and fourth stories of dormitory, $7,000. 

For running expenses, the sum of $10,000 per annum. 

§ 2. The moneys herein appropriated shall be due and payable 
to the trustees of said institution on their order only on the terms 
and in the manner now provided by law. 

Approved June 24, 1895. 

—2 



18 



APPEOPEIA.TIONS. 



SOUTHERN HOSPITAL FOR THE INSANE. 

I 1. Appropriates $171,970 for rebuilding south §3. How drawn. 
dormitorieH and wligs, and adminis- 
tration building, destroyed by fire. 

An Act to make an appropriation for rebuilding the administra- 
tion building and the south dormitories and ivings of the 
Southern Hospital for the Insane, at Anna. 
Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be and is here- 
by appropriated to the Southern Hospital for the Insane, at Anna, 
the following amount for the purposes herein specified and for no 
other: 

For rebuilding, in a thoroughly fire-proof manner, the south 
dormitories and wings, and the administration building of the said 
hospital recently destroyed by fire, including costs of the improve- 
ments, removing debris and repairing the damage done by fire, 
and cost of repairing the same, the sum of one hundred and 
seventy-one thousand, nine hundred and seventy dollars ($171,970), 
or so much thereof as may be necessary, 

§ 2. The moneys herein appropriated shall be due and payable 

to the trustees on their order, on the" terms and in the manner as 

follows, in sums not exceeding thirty-five thousand dollars ($35,000), 

as the work progresses, on the order of the trustees and the Crovernor. 

Approved April 19, 1895. 



WESTERN HOSPITAL FOR THE INSANE. 



§ 1. Establishes the Illinois Western Hospital 
for the Insane. 

§ 2. Appropriates .$100, 000— How drawn. 

S 3. Trnstees— Appointment — Terms of office. 

§ 4. Superintendent— Appointment, qualifica- 
tions and duties. — Assistant physician. 

§ 5. Site— Selection and location — Violation 
of provision, penalty — Report to and 
confirmation by Governor. 

I 6. Abstract of title to lands — Conveyance of 
title in fee simiAe to State by warranty 
deed requisite. 

5 7. Plans and specifications. 

§ 8. Advertisement for bids. 

An Act to establish the Illinois Western Hospital for the Inscme 
and malcing an appropriation for tJie purchase of land and the 
construction of necessary buildings, and to regulate the commit- 
ment of insane persons thereto. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That there is hereby estrab- 
lisbed a State hospital for the care and treatment of th-e insane, to 



§ 9. Opening of bids— Awarding contract — 
Bonds. 

§ 10. Contract with successful bidder to be se- 
cured by approved bond— Superintend- 
ent of construction — Disputes to be 
settled by arbitration. 

§ 11. Contract te be signed by president, at- 
tested by the secretary. 

§ 12. Bids to estimate cost in detail — Contract 
may be awarded for particular portions 
of work. 

§ 13. No trustee or officer to be interested in 
contract— Penalty. 



AlTllOrniATIONS. 19 



be known as "The Illinois Western Hospital for the Insane." The 
provisions of an act entitled "An act to res^ulate the fState chari- 
table instil ntions and the State Eeforra School, and to improve 
their oiganization and increase their etticiency," approved April 15, 
1875, and all general statutes governing State hospitals for the 
insane, their trustees, officers and employes are hereby made ap- 
plicable to the Illinois AVest:eru Hospital for the Insane, its trustees, 
officers and employes, except as otherwise provided in this act. 

§ 2. For the purchase and location of a site for said hospital 
and the construction of the appropriate fire-proof buildings to 
accommodate patients, with all necessary heating, lighting, venti- 
lating, water supply and drainage appliances, and all necessary 
furniture and furnishings, and maintenance until the appropria- 
tions of the next General Assembly are available, there is hereby- 
appropriated one hundred thousand dollars ($100,000) to be paid 
as herein provided, out of any moneys in the treasury not other- 
wise appropriated. The moneys herein appropriated shall be paid 
from the State Treasury to the parties to whom they may become 
due on warrants of the Auditor of Public Accounts, and the Aud- 
itor of Public Accounts is hereby authorized and required to draw 
said warrants for moneys due under this act upon the order of the 
board of trustees of said hospital, accompanied by vouchers ap- 
proved by the Governor, as now required by law. 

. § 3. The government of said hospital shall be vested in a board 
of three trustees, not more than two of whom shall be from the 
same political party, wdiich shall be a corporation by the nnme of 
"The Illinois Western Hospital for the Insane." Within ten days 
after this act shall be enforced the Governor shall appoint three 
persons to hd trustees of said hospital, to hold office, respectively, 
one until the first day of March, 1897, one until the first day of 
March, 1899, and one until the tirst day of March, 1901. Their 
successors shall be appointed in the same manner and shall each 
serve for six years, so that one appointment shall be made every 
second year, and in every case a trustee shall hold office until his 
or her successor is appointed and qualified. All appointments, in- 
cluding the original appointments, made by the Governor when 
the Senate is not in session, shall be valid until an appointment 
is confirmed by the Senate. 

§ 4. The said hospital shall be under the immediate manage- 
ment and control of a superintendent, to be appointed and removed 
by said board of trustees at pleasure, whose salary shall be fixed 
from time to time by said board. Said superintendent shall be a 
graduate in medicine and surgery from some reputable medical 
college and of acknowledged skill in his profession. He shall ap- 
point all subordinate officers and employes with the assent of the 
board of trustees, and may discharge any subordinate for cause 
by a written order stating such cause, and delivered when practic- 
able to such subordinate. It shall be the duty of the superiiatend- 
ent of said hospital to appoint a competent q^sistant physician who 



20 APPROPRIATIONS. 



is a graduate of some legally incorporated medical college, to per- 
form such medical duties iu and about the care and treatment of 
the iusaue, as such superintendeut shall direct. 

§ 5. Said trustees, as soon as possible after their appointment 
and qualification, shall select a site for said hospital in that part 
of the State north or west of the Illinois river, at such place as 
shall be best adapted 4;o the wants of the institution, and most 
economical to the State, having regard in the selection to eleva- 
tion, water supply, drainage, facility of access, quality of soil, and 
price asked for the land, but said trustees may accept on behalf 
of the State, any gifts in money, freights, lands or orther property, 
as the consideration for the location of the site. A violation of 
this provision shall be a misdemeanor, punishable by a fine or by 
imprisonment or by both at the direction of any court in which 
conviction of the same may be obtained. Said site shall contain 
not less than two hundred and forty (210) acres of land, adjoin- 
ing or separate. When the trustees have selected a site and 
agreed with the owner or ov/ners upon a price upon which the State 
may purchase it, they shall report their action to the Governor, 
and such selection shall take effect on)y when confirmed by the 
Governor. 

§ 6. Before making payment for the lands for which purpose 
provision is made in this act, the seller or sellers shall furnish to 
the trustees an abstract of title, which shall be submitted by the 
trustees to the Attorney General for his examination and to the 
Governor for his approval, and no money shall be paid for the 
said lands without a perfect conveyance of title in fee simple to 
the State of Illinois by a warranty deed. 

§ 7. The said trustees are directed and required to cause to be 
prepared suitable plans and specifications by a competent archi- 
tect, (for which not more than two per cent, shall be allowed, pay- 
able in installments as the work progresses), which shall be sub- 
mitted to the Governor for his approval, but no plans shall be 
adopted by the trustees, which shall not first have been approved 
by the Governor and the Board of State Commissioners of 
Public Charities. The said plans shall be accompanied by speci- 
fications and by a detailed estimate of the amount, quality and 
description of all materials and labor required for the erection 
and full completion of the buildings according to the said plans. 

§ 8. Whenever the said plans and specifications shall have been 
approved and adopted, the trustees shall cause to be inserted in 
at least one of the daily newspapers in each of the following 
cities, to- wit: In Chicago, St. Louis and Indianapolis, and the 
city or town at or near which the said institution shall be per- 
manently located, an advertisement for sealed bids for the con- 
struction of the buildings herein authorized, and they shall furnish 
a printed copy of this act and of the speciiications, to all parties 
applying therefor, and all parties interested who may desire it, 
shall have free and fuU access to the plans with the privilege of 



ArrROPRIATIONS. 21^ 



taking notes and making memoranda. And the said trustees shall 
answer all questions addressed to them upon the subject of tlio 
proposed buildings or building to the best of their ability and 
belief. 

§ 9. Not less than thirty days after the publication of the said 
proposals for bids, on a day and at an hour 1o be specified in 
said advertisement, at which place where the said institution shall 
be located, in the presence of the bidders or so many of the bid- 
ders as may be present, the bids received shall be opened for the 
first time, and the contract for building shall be let to the lowest 
and best bidder: Provided, that no contract shall be made and no 
expense incurred in any building or buildings requiring, for the 
completion of the same, a greater expense than is provided for the 
appropriation in ihis act: Avd provided, furiher, that no bid shall 
be accepted which is not accompanied by a good and sufficient 
bond in the penal sum of double the amount of the contract price, 
signed by at least three good and sufficient sureties, conditioned 
as a guaranty for the responsibility and good faith of the bidder, 
and that he will enter into contract and give bond as provided in 
this act in case his bid is accepted. 

§ 10. The contract to be made with the successful bidder shall 
be accompanied by a good and sufficient bond, to be approved by 
the Governor before it is accepted, conditioned for the faithful 
performance of his contract, and the said contract shall provide 
for appointment of a superintendent of construction, who shall not 
receive more than five dollars ($5) per day for his services for 
each day actually employed, and who shall carefully and accurately 
measure the work done, and the materials upon the ground at 
least once in every month, and for the payment of the contractor 
upon the aforesaid measurement and for the withholding of fifteen 
(15) per cent, of the value of the work done and the materials 
on hand until the completion of the building, and for a forfeiture 
of a stipulated sum per diem for every day that the completion 
of the work shall be delayed after the time specified for the com- 
pletion in the contract, and for the full protection of all persons 
who may furnish labor or materials for the construction of said 
hospital buildings, by withholding payment from the contractor, 
and by paying the parties to whom any moneys are due for ser- 
vices or materials, as aforesaid, directly for all work done or 
materials furnished by them, in case of notice given to the trustees 
that any such party apprehends or fears that he will not receive 
the money due, and for the settlement of all disputed questions 
as to the value of alterations and extras by arbitration at the time 
of final settlement, as follows: One arbitrator to be chosen by 
the trustees, one by the contractor and one by the Governor of 
the State, all three of said arbitra,tors to be practical mechanics 
and builders, and for the power aud privilege of the trustees. 



*22 APPROPRIATIONS. 



under the contract, to order chaDges in the plans, at their discre- 
tioD, and to refuse to accept any -work which may be done not 
fully in accordance with the letter and spirit of the plans and 
specifications, and all work not accepted shall be replaced at the 
expense of the contractors, and for a deduction from the contract 
price of all alterations ordered by the trustees which may and do 
iliminish the cost of all buildings. They niay also make such 
other provisions and conditions in said contract not herein above 
specified, as may seem to them necessary or expedient, consistent 
with the letter and spirit of this section. In no event shall the 
State be liable for a greater amount of money than is appro- 
priated. 

§ 11. The said contract shall be signed by the president of the 
board of trustees on behalf of the board, after a vote authorizing 
him so to sign (shall have been entered upon the minutes of the 
board, and it shall be attested by the counter signature of the 
secretary of the board and by the seal of the institution. It 
shall be drawn in triplicate, and one copy of the same shall 
be deposited in the office of the Board of State Commissioners 
of Public Charities. 

§ 12. All bids shall show the estimate cost of the work to be 
done of each description in detail, and the trustees shall have the 
right and power, at their discretion, to accept bids for particular 
portions of the work if for the advantage of the State, and all 
measurements and accounts as the work progresses, shall show in 
•detail the amount and character of the work for which payment 
is made. 

§ 13. No trustee or officer of said institution shall be in any' 
way interested in any contract for the erection of said buildings 
or furnishing any material for said buildings, and if any such 
trustee or officer shall be so interested, he shall be deemed guilty 
of a misdemeanor, and on conviction thereof be fined in any sum 
Dot exceeding len thousand dollai's ($10,000). 

Approved May 22, 1.95. 



APPROPRIATIONS. 



23 



soldiers' widows' home. 



1. Incorporates the Solders' Widows' Home 
of Illinois. 

3. Appropriates $-30, 000 for necessary site 
and buildings. 

3. Qualifications for membership. 

4. Trustees— Appointment and qualiflcations. 

5. Tiu.-*tees— Official oaths and bonds. 

6. Trustees— Election of president and Sec- 

retary. 

7. Purchase of home and land, furnish'ing, 

etc. 



§ 8. Expenditure of .$5,000 authorized for pur- 
chase of said property; of .$5,000 for 
maintenance and furniture for year be- 
ginning July 1, 189.5, and of $10,000 for 
year beainnintc .July 1, 1896. 

§9. Appropriation- How drawn. 

§ 10. Appointment of matron and other offi- 
cers—Salaries. 

§ 11. Public announcement that home is ready 
foi occupancy. 

§ 13. Trustees — Monthly meetings --Actual 
necessary expenses allowed. 

§ 13. Trustees and officers not to be pecuniarily 
Interested in contract— Penalty. 



An Act io estabUsJi and maintain a home for the disabled moth- 
ers, wives, ividows and daughters of disabled or deceased 
soldiers in the Slate of Illinois and to provide for the purchase 
and maintenance thereof. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That there be and is 
hereby created and established a corporation to be known as the 
"Soldiers' Widows' Home of Illinois," which shall possess all the 
corporate and other powers aud be subject to all the rules, regula- 
tions and conditions expressed in an act entitled, "An act to regu- 
late the State charitable inititutions and State Reform School, and 
to improve their organization and to increase their efficiency." 
Approved April 15, 1875, so far as the same may be applicable 
thereto. 

§ 2. For the purchase of the necessary site and buildings and 
to fit and furnish said buildings and to maintain said home, there 
is hereby appropriated the sum of twenty thousand dollars 
($20,000), or as much thereof as may be necessary, to be paid 
out of any money in the treasury not otherwise appropriated, 

§ 3. The mothers, wives, widows and daughters of all honor- 
ably discharged soldiers or sailors who have served in the army 
or the navy o£ the United States, shall be eligible to membership 
in said home: Provided, such soldier is dead leaving them no 
adequate means of support, or, if living, has no adequate means 
of support and by means of mental or physicial disability 
is unable to earn the same: and, ptrovided further, such 
mother, wife, widow or daughter has no adequate means of sup- 
port and by reason of mental or physical disability is unable to 
earn a support for herself, and has been a resident of the State 
of Illinois one year immediately prior to her application for mem- 
bership in such home. 

§ 4. Within ten days after the taking effect of this act, the 
Governor with the advice and consent of the Senate shall appoint 
five trustees oE said home who shall hold their office for the period 



24 APPEOPEIATIONS. 



of four years and until their successors are appointed and 
qualified. Two ot said trustees shall be members of the Grand 
Army of the Republic of Illinois and of different political parties. 
The remaining three shall be ladies and members of the Womens' 
Relief Corps of this State. Said trustees shall be a body corpo- 
rate and politic and shall be subject to the same rules and regu- 
lations as are the trustees of the Soldiers' and Sailors' Home of 
Illinois so far as the same may be applicable, and shall serve 
without compensation except the actual necessary expenses incurred 
in the performance of their duty as such trustees. 

§ 5. Before entering in the duties of their office, said trustees 
shall take an oath of office to support the constitution and laws 
of the United States and of this State and for the proper per- 
formance of their official duties, and shall each give bond to the 
People of the State of Illinois in the sum of five thousand dol- 
lars (i5,U00), with at least two securities to be approved by the 
Governor of the State, conditioned for the due and faithful per- 
formance of their official duties. 

§ 6. Immediately after said board has been appointed and 
qualified, they shall meet and elect one of their number as presi- 
dent and another as secretary who shall serve without additional 
compensation. 

§ 7. After organizing as provided in the foregoing section said 
trustees shall enter upon the discharge of their duties, and they 
are hereby authorized to purchase, or receive by donation, and hold 
for the purpose herein specified, any house, land or other prop- 
erty, real estate or personal, suitable for carrying out the pur- 
poses of this trust, and shall proceed to fit up and furnish said 
house in a manner suitable for carrying out said purposes. 

§ 8. For the purchase of such house and land, said trustees 
are authorized to expend five thousand dollars ($5,000) of the 
money hereby appropriated and no more. And for maintenance 
and furnishing, for the year beginning July 1, 1895, tbe sum of 
$5,000, and for the year beginning July 1, 189(5, the sum of $10,000. 

§ 9. The money herein appropriated shall be drawn out of the- 
treasury by said trustees in sums not to exceed five thousand 
dallars ($5,000) at any one time on a warrant from the Auditor 
to be approved by the Governor: Provided, that when the 
first sum of five thousand dollars ($5,000) has been drawn^ 
no further sum can be drawn until vouchers properly 
abstracted (which abstract shall be approved by the Governor) 
have been filed with the Auditor stating that there is not to exceed 
the sum of five hundred dollars ($500) of the sum previously- 
drawn, on hand and unexpended. 

§ 10. Said trustees shall appoint a matron at a salary not to 
exceed six hundred dollars ($600) per annum, and such other 
officers as may be necessary to carry on the affairs of the said 
institution, fixing their salaries, and shall, together with the Gov- 
ernor, prescribe rules for the admission of inmates into said home. 



APPROPRIATIONS. 25 



§ 11. As soon as said home is ready for occupancy, said irustef s 
shall inform the Governor thereof, and he shall make public 
announcement of the fact. 

§ 12. Said trustees shall hold quarterly meetings at said home 
for the transaction of the necessary business thereof, and shall 
each ba paid his or her actual necessary expenses on his or her 
personal certificate that the amount therein contained was actually 
and necessarily expended by him or her, which certificate shall 
be a sufficient voucher for such payment. 

§ 13. No trustee or other officer of said home shall be in any 
way pecuniarily interested in any contract for the purchase of 
any building, grounds, material or supplies for said home, and any 
such trustee or officer becoming so interested shall be deemed 
guilty of a misdemeanor and on conviction thereof shall be fined 
in any sum not to exceed one thousand dollars ($1,000). 

Approved June 13, 1895. 



COTTON STATES AISD INTERNATIONAL EXPOSITION. 

§ 1. Appropriates $15,000 to erect an Illinois § 3" Secretary and assistants— Compensation. 

buildiug on the grounds of the Cotton „ , . . j.. ■,-, ^ 

■^ "^ , „ ,,. § 4. Appropriation— How drawn. 

I?tate8 and International Exposition at 

Atlanta, Georgia. 

§ 2. Commissioners- Appointment and dn'ies. 
— Cost of building, etc , limited to 
$10,000. 

An Act io provide for ihe pnriicipaiion of ihe Slate of Jlli)wis 
in "The Cotton States and International Exposiiion.-' to he lield 
at Atlanta, Georgia, beginning September 18, 1895, and making 
an appropriation tlierefor. 

Whereas, There is to be held in the city of Atlanta, Georgia, 
beginning September 18, 1895, and ending December 31, 1895, 
an exposition of the arts and industries to be known as the Cotton 
States and International Exposition, in which the various States of 
this Union, the Republics of South America and many of the gov- 
ernments of Europe will participate, and it is consideied desirable 
that the great State of Illinois shall be appropriately represented 
at said exposition, and as there remains unexpended of the appro- 
priation made by this State for representation at the World's Fair 
held at Chicago in 1893 the sum of about $90,000, therefoie, 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there is hereby appro- 
priated out of any money in the State treasury the sum of 815,000, 
said sum of money to be used for the purpose of erecting a State 
building on the grounds of the Cotton States and International 
Exposition, to be held at Atlanta, Georgia, beginning September 
18, 1895, and ending December 31, 1895, which State building 
shall be for the use and comfort of Illinois visitors to such expo- 



26 APPROPRIATIONS. 



sition, and shall be kept open at all times when the exposition is 
open, and used as the headquarters of the citizens of Illinois and 
their friends who are visiting the Fair. 

§ 2. There shall be appointed by the Governor three (3) com- 
missioners who shall have charge of the planning and constraction 
of said building and furnishing and maintaining the same, and the 
cost of the construction of said building, and the furnishing and 
maintaining the same, is hereby limited to the sum of $10,000 of 
the money appropriated aforesaid. 

§ 3. Said commissioners may employ a secretary who shall act 
as manager of said building, and whose compensation shall not 
exceed the sum of $250 per month. Said commissioners may em- 
ploy such other assistants as may be necessary, and shall be en- 
titled to have the personal expenses of the commissioners in the 
conduct and discharge of their duties hereunder paid out of this 
appropriation: Provided, that the expenses of said commissioners 
and salaries piid the .-.ecretary and assistants shall not exceed 
the sum of .$5,010. 

§ 4. All payments hereunder shall be upon bills of particulars 
certified to by the commissioners and approved by the Governor, 
upon which the Auditor shall draw his warrant upon the State 
Treasurer from time to time for the sums of money so certified 
to, payable out of the appropriation hereby made. 

Approved June 13, 1895. 



MAKK CLARK. 



•§ 1. Appropriates to Mark Clark $1,000— Dam- j §2. How drawn. 
a^es for personal injuries. 

An Act making an appropriation for the relief of Mark Clark. 

Section 1. Be it enacted hij the People of the State of Illi- 
nois, represented in tlie General Assembly : That the sum of one 
thousand (1,000) dollars is hereby appropriated out of any money 
in the State treasury not otherwise appropriated, for the relief of 
Mark Clark as the fair and jast compensation with reference to 
the pecuniary damages sustained by him resulting from physical 
injuries inflicted upon him by the explosion or blowing out of a 
steam valve in the Institution for the Blind at Jacksonville, Illinois, 
in the month of November A. D. 1891. Said injuries being per- 
manent and rendering him paralyzed and incapable o£ working. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the State Treasurer for said sum 
of one thousand (1,000) dollars hereby appropriated, payable to 
Mark Clark or his order in full satisfaction of his said damages. 

Approved June 15, 1895. 



APPROPRIATIONS. 27 



J. A. COWLIN. 

§ 1. Appropriates to J. A. Cowlin $2,500— Dam- §2. How drawn, 
ages for personal injurii's sustained in 
active service. 

An Act making an appropriaiion for ilie relief of J. A. Cowlin. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the (Jeneral Assembly: That the sum of two 
thousand five hundred (2,500) dollars is hereby appropriated out 
of any money in the State treasury not otherwise appropriated, 
for the relief of J. A. Cowlin as a fair and just compensation 
with reference to an injury sustained by him while in actual 
service as a member of Company G of Third llegiment of Illinois 
State militia, at the World's Fair, on August 24, 1893, which 
caused the amputation of oue of his legs, said injuries being per- 
manent and rendering him incapable of working. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the State Treasurer for said sum 
of two thousand five hundred (2,500) dollars hereby appropriated, 
payable to said J. A. Cowlin or to his order in full satisfaction of 
damages for said injuries. 

Approved June 13, 1895. 



DAIRYMEN'S ASSOCIATION. 

§ 1. Appropriates $1,000 per annum to the § 3. How drawn. 
Illinois Dairymen's Association. 

An Act making an appropriation in aid of the Illinois Dairy- 
men's Association. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the sum of one 
thousand dollars per annum be, and the same is, hereby appro- 
priated to aid the Illinois Dairymen's Association in compiling, 
publishing and distributing its reports. 

§ 2. The Auditor of Public Accounts is hereby authorized to 
draw his warrant upon the State Treasurer for the sum in this 
act specified, on bills of particulars, certified to by the officials of 
said association, to the order of the president of said association, 
and the S<^ate Treasurer shall pjiy the same out of any funds in 
the State treasury not otherwise appropriated. 

Approved June 13, 1895. 



28 



APPEOPEIATIONS. 



FARMERS' COUNTY INSTITUTES. 



§ 3. Officera to make sworn statements annu- 
ally of proceedings and expenses. 

§ 4. Appropriation— How drawn. 



§ 1. Appropriates $50 to be paid annually to 
each farmers' county institute held in 
the State — Limitation. 

§ 3. Prohibits officers of county institutes 
from receiving moneyed compensation 
for services. 

An Act to amend an act entiiled "An act to assist farmers in 
holding farmers' county institutes for educational purposes,, 
and for developing tlie agricultural resources of the Stale, and 
appropriating moneys therefor''' Approved June 16, 1891; in 
force July 1, 1891. 

Section 1. Be it enacied hy the People of tlie State of 
Illinois, represented in the General Assembly: That aii act en- 
titled, "An act to assist farmers in holding farmers' county in- 
stitutes for educational purposes and for developing the agricul- 
tural resources of the State, and appropriating moneys therefor," 
approved June 16, 1891, in force July 1, 1891, be and the same is 
hereby amended so as to real as follows: 

Section 1. That there be and is hereby appropriated the follow- 
ing sums, to-wit: The sura of fifty dollars ($50) to be paid an- 
nually to the treasurer of each farmers' county institute which 
shall hold annually one or more public sessions, of not less than 
two days each, at some easily accessible or central location in the 
county, and which phall be held for the purpose of developing a 
greater interest in the cultivation of crops, in breeding and care 
of domestic animals, in dairy husbandry, in horticulture, in farm 
drainage, in improved highways, and general farm management, 
through and by means of liberal discussions of these kindred sub- 
jects, and in the distribution of the papers and proceedings of 
such institutes. But one institute in any county shall become en- 
titled to the benefits of this act. 

§ 2. No officer or officers of any farmers' county institute shall 
be entitled to or recei\^e any moneyed compensation whatever for 
any services rendered the same. 

§ 3. The president and secretary of each farmers' county in- 
stitute shall file annually with the Auditor of Public Accounts a 
sworn statement, in which shall appear a copy of its printed pro- 
ceedings, showing the titles of papers read and by whom; as also 
by whom discussed and the date and dates, place or places of 
meeting, with the daily average attendance thereat, and also a 
detailed and itemized statement of all the necessary expenses in- 
curred in arranging for and holding such meetings. 

§ 4. That on the full compliance of all the requirements con- 
tained in sections two (2) and three (3) of this act, and on the order 
of the president, countersigned by the secretary of such farmers' 
county institute, the Auditor of Public Accounts shall draw his 
warrant upon the State Treasurer in favor of the ti-easurer of the 
farmers' county institute for the sums expended by such farmers' 



APPROPRIATIONS. 29 



county institute: Provided, nlwaijs, that the amount to be paid 
any such farmers' county institute shall in no event exceed the 
sum of fifty dollars ($50) aunnally. 

Approved June 7, 1895. 



MRS. TKANQUILLA FREEMAN. 

§ 1. Appropriates to Mrs. TranquiUa Freemin ■f 1,0)3 for servicas performed— How drawn. 

An Act to pay 31 rs. Tranqailla Freeman for services performed 
and expenses incurred in completing the work of the office of 
Supreme Court Reporter from August 23, 1894, to October 24, 
1894. 

Section 1. Be it enacted by tJie people of the State of Illi- 
nois, represenied in the Genrnd Assembly: That there be appro- 
priated to pay Trauquilla Freeman the sum of one thousand 
(1,000) dollars for services performed, and expenses incurred, in 
oompletino^ the work of the office f>f Supreme Court Reporter from 
August 23, 189i, to October 24, 1S94. And the Auditor of Public 
Accounts is hereby authorized to draw his warrant on the State 
Treasurer for said sum to be paid out of any money not other- 
wise appropriated. 

Approved June 15, 1895. 



GENERAL ASSEMBLY, COMMITTEE EXPENSES. 

§ 1. Ap|iri>jiria1es i;.T,000 to pay the expenses I § 2. Emergency, 
of tile 3ytli Geueral A.sseuibly. 

An Act to make an appropriation for the payment of the e.r- 
penses of the committees of the Thirty-ninth Genercd Assembly. 

Section 1. Be it enacted by the People of the Slate of Illi- 
nois, represented in the General Assembly: That the additional 
sum of five thousand dollars ($5,000), or so much thereof as may 
be necessary, be, and is hereby, appropriated to pay the expenses 
of the committees of the present Geueral Assembly while in the 
discharge of special duties under the direction of either branch 
thereof, such expenses to include reasonable compensation to the 
sergeant-at-arms of the Senate and the doorkeeper of the House 
for serving the processes of the Senate and House and of the 
committees thereof, and to be certified and paid as may be pro- 
vided by resolution of either house. 

§ 2. Whereas, the funds already appropriated for the above 
purpose have been exhausted and ^le above appropriation is nec- 
essary for the transaction of the busiuess of the State, therefore 
an emergency exists, and this act shall take effect from and after 
its passage. 

Approved April 18, 1895. 



80 APPROPRIATIONS. 



GENERAL ASSEMBLY, COMMITTEE EXPENSES. 

§ 1. Appropriate8$5,000 to pay expenses of the §2. Emergency, 
coramittees of the 39th General As- 
sembly. 

An Act to make an appropriation for the payment of the ex- 
penses of the committees of the Thiriy-ninth General Assembly. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the additional sum of 
five thousand dollars ($5,000), or so much thereof as may be neces- 
sary, be, and is hereby, appropriated to pay the expenses of the 
committees of the present General Assembly while in the dischari^e 
of special duties under the direction of either branch thereof, such 
expenses to include reasonable compensation to the sergeant-at-arms 
of the Senate and the doorkeeper of the House for serving the pio- 
cesses of the Senate and House of Representatives and of the com- 
mittees thereof, and to be certified and paid as may be provided 
by resolution of either house. 

§ 2. Whereas, the funds already appropriated for the above 
purpose have been exhausted and the above appropriation is neces- 
sary for the transaction of the business of the State, therefore, an 
emergency exists, and this act shall take effect from and after its 
passage. 

Approved June 13, 1895. 



GENERAL ASSEMBLY EMPLOYES. 

§ 1. Appropriates $50,000 to pay the employes § 3. Emergency; 
of the 39th General Assembly -How 
drawn. 

An Act making appropricdion for the payment of the employes 
of the Thirty-ninth General Assembly. 

Section 1. Be it enacted by the People of the Stcde of Illinois, 
represented in the General Assembly: That there be, and is hereby, 
appropriated the sum of fifty thousand dollars ($50,000), or so 
much thereof as may be necessary, to pay the employes of the 
Thirty-ninth General Assembly, at the rate of compensation allowed 
by law. Said employes to be paid upon rolls certified to by the 
presiding oflicers of the respective houses, or as otherwise provided 
by law. 

§ 2. Whereas, the above appropriation is neceFsary for the 
transactioQ of the business of the State, therefore an emergency 
exists, and this act shall take effect from and after its passage. 

Approved January 28, 1895. 



APPROPRIATIONS. 31 



GENERAL ASSEMBLY EMPLOYES. 



1. Appropriates $50,000 to pay the employos 
of the 39th General Assembly — How- 
drawn. 



§ 2. Emergency. 



An Act making appropriaiion for the payment of the employes 
of the Thirty-ninth General Assembly. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represejited in the General Assembly: That there be, and is 
hereby, appropriated the sum of fifty thousand dollars (S50,C00), 
or so much thereof as may be necessary to pay the employes of 
the Thirty-ninth General Assembly at the rate of compensation 
allowed by law. Said employes to be paid upon rolls certified to 
by the presiding officers of the respective houses, or as other- 
wise provided by law. 

§ 2. Whereas, the above appropriation is necessary for the 
transaction of the business of the State, therefore an emergency 
exists, and this act shall take effect from and after its passage. 

Approved April 18, 1895. 



GENERAL ASSEMBLY EMPLOYES. 

I 1. Appropriates $10,000 to pay the employes I §2. Emergency, 
of the 39th General Assembly. 

An Act making appropriations for the payment of the employes 
of the Thirty-nintli General Assembly. 

Section. 1. Be it enacted by the People of the State of Illi- 
nois, represented in ttie General Assembly : That there be, and is 
hereby, appropriated the sum of ten thousand dollars ($10,000), 
or so much thereof as may be necessary to pay the employes of 
the Thirty-ninth General Assembly at the rate of compensation 
allowed by law. Said employes to be paid upon rolls certified to 
by the presiding officers of the respective houses, or as other- 
wise provided by law, 

§ 2. Whereas, the above appropriation is necessary for the 
transaction of the business of the State, therefore an emergency 
exists and this act shall take effect from and after its passage. 

Approved June 14, 1895. 



52 APPROPEIATIONS. 



GENERAL ASSEMBLY, INCIDENTAL EXPKNSES. 

.§ 1. AppFopriates $12,000 to pay the incl- § 3. Emergency, 
(jeatal expenses of the Thirty-ninth Gen 
eral Assembly. 

-I 2. How drawn. 

An Act to provide for the inc'idenial expenses of the Thirty-ninth 
General Assembly of the State of Illinois, and for tJie care and 
custody of t/ie Slate House and Grounds, incurred or to be in- 
curred, and now unprovided for. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the sum of 
-twelve thousaad dollars ($12,000), or so much thereof as may be 
required, is hereby appropriated to pay the iacidental expenses of 
the Thirty-ninth General Assembly, or either branch thereof, or 
by the Secretary of State in the discharge of the duties imposed 
on him by law, or by the direction of the General Assembly, or 
•either branch thereof. All expenditures to be certified to by the 
Secretary of State and approved by the Governor. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant upon the State Treasuier for the 
sum herein specified, upon presentation of the proper vouchers, 
and the State Treasurer shall pay the sum out of any funds in 
the State treasury not otherwise appropriated. 

§ B. Whereas, the appropriation above recited is necessary 
for the expenses incurred for the transaction of the business of 
the State and the General Assembly, therefore an emergency 
•exists, and this act shall take effect from and after its passage. 

Appeoved January 28, 1895. 



1. Appropriates to Corporal Henry $2,500; 
damages for personal injuries sustained 
in active seryice. 



CORPORAL WILLIAM E. HENRY. 
§ 2. How drawn. 



An Act to make an appropriation for the relief of Corporal 
William E Henry for injuries received ichile in active service 
with the Illinois National Guard. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the Genercd Assembly: That the sum of 
twenty-five hundred dollars (82,500) be, and the same is hereby, 
appropriated for the relief of William E. Henry, a coporal of 
Company A, Third Infantry Illinois National Guard, on account 
of the loss of a part of one foot, and other serious and permanent 
injuries received while in the discharge of his duties as a soldier 
during the tour of active service at Chicago, Illinois, July 6 to 
-26, 1894. 



ArPilOPRIATIONS. 33 



§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to issue his warrant upon the State Treasurer for the 
aforesaid sum of money, to said William E. Henry or his legal 
representatives, and the State Treasurer is hereby authorized to 
pay the same out of any money in the State Treasury not other- 
wise appropriated. 

Approved June 13, 1895. 



STATE HORTICULTURAL SOCIETY. 

§ 1. Appropriates to the State Horticultural Society the sum of .$4,000 per annum ; limits the 
secretary's salary to S400 per annum, and provides that at least iJliOOO be expended each 
year in field experiments. 

An Act making an appropriation in aid of the Illinois Stale 
Horticultural Society. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That there be, and is hereby, 
appropriated for the use of the Illinois State Horticultural Society 
the sum of four thousand dollars ($4,000) per annum, for the pur- 
pose of advancin,^ the growth and development of the horticultural 
interests of the State, for the years 1895 and 1896, said sum to be 
expended by said society for the purpose and in the manner speci- 
fied in "An Act to re organize the Illinois State Horticultural So- 
ciety," approved March 24, 1874: Provided, however, that no por- 
tion thereof shall be paid for, or on account of, any salary or 
emoluments of any officer of said society, except the secretary, 
who may receive not to exceed four hundred dollars ($400) per 
annum: And provided, furtlier, that at least one thousand dollars 
($1,000) of said sum be expended each year by said board in field 
experiments. 

Approved May 31, 1895. 



INSURANCE DEPART3IENT. 

§ 1. Appropriates $5,000 to the Insurance Su- I § 3. How drawn, 
perintendent for furnishing his office. I 

An Act making an appropriation for permanently furnishing the 
office of the Insurance Superintendent. 

Section 1. Be it enacied hy the People of the State of Illinois, 
represented in the General jlssembly : That there be, and is hereby, 
appropriated to the Insurance Superintendent for the purpose of 
permanently furnishing his office the following sums of money, or 
so much thereof as may be necessary: 

For furniture bought, twelve hundred dollars ($1,200). 

For new furniture, eight hundred dollars ($800). 

For vault and metal cases, two thousand dollars ($2,000). 

—3 



\ 

34 APPKOPEIATIONS. 



For safe, five hundred dollars ($500). 

For fittings, five hundred dollars ($500). 

§ 2. The moneys herein appropriated shall be payable out of 
the State Treasury upon bills of particulars certified to by the 
Insurance Superintendent and approved by the Governor. 

Approved June 15, 1895. 



CLAEENCE P. JOHNSON. 

§ 1. Appropriates .?200 to Clarence P. John- § 2. How drawn, 
son, balance of salary as Secretary- 
State Board of Live Stock Commis- 
sioners. 

An act io appropi'icde money to pay balance of salary due C. 
P. Johnson as secretary of the State Board of Live Stock 
Commissioners for the six months ending June 30, 1893. 

Section 1. Be it enacted by the People oj the State of 
Illinois, represented in the General Assembly: That there be 
and is hereby appropriated to Clarence P. Johnson, former sec- 
retary of the State Board of Live Stock Commissioners, the sum 
of two hundred dollars (1200) being balance of salary due him 
as such secretary for the six months ending June 30, 1893, and 
awarded him by the Commission of Claims. 

§ 2. The Auditor of Public Accounts shall draw his warrant 
in favor of said C. P. Johnson for said amount, taking from him 
a receipt acknowledging payment in full for said services as sec- 
retary, and the Treasurer shall pay the same out of any money 
in the treasury not otherwise appropriated. 

Approved June 15, 1895. 



LABOR ATORY OF NATURAL HISTORY AND STATE ENTOMOLOGIST'S OFFICE. 

§ 1. Appropriates to tlie Laboratory of Natur- §2. How drawn. 
al History, and to the State Entomolo- 
gist, .$9, 900. 

An Act mciking an appropriation for ordinary expenses of the 
Stcde Laborcdory of Ncdurcd History, for the improvement of 
the library thereof, and for the expenses of the State Entomol- 
ogist's office. 

Section 1. Be it enacted by the People of the Stcde of Illi- 
nois, represented in the Genercd Assembly: That therfe is hereby 
appropriated to the State Laboratory of Natural History, for the 
field work and the office and incidental expenses, the sum of fif- 
teen hundred (1,500) dollars per annum. 

For the improvement of the library the sum of one thousand 
(1,000) dollars per annum. 



APPROPRIATIONS. 35 



For salaries aucl assistance, the sum of threa thousand six hun- 
dred and fifty (3,650) dollars pe*r annum. 

For the publication of bulletins the sum of five hundred (500) 
dollars per annum. 

For the illustration of the biennial report of the State Ento- 
mologist, the sum of two hundred and .fifty (250) dollars per 
annum. 

For the expenses of an experimental investigation of the conta- 
gious diseases of insects, the sum of fifteen hundred (1,500) dol- 
lars per annum. 

For one-half the expenses of the Illinois Biological Station, 
the sum of fifteen hundred (1,500) dollars per annum. 

§ 2. The Auditor of Pablic Accounts is hereby authorized and 
directed to draw his warrant on the treasurer for the sums here- 
by appropriated upon the order of the president of the board of 
trustees of the University of Illinois, attested by its secretary, 
and With the corporate seal of the university: Provided, that no 
part of said sums shall be due and payable to said institution 
until satisfactory vouchers in detail, approved by the Governor, 
shall be filed with the Auditor for all previous expenditures 
incurred by the institution on account of appropriations hereto- 
fore made. 

Approved June 15, 1895. 



MARY MCLAUGHLIK, KT AL. 

§ 1. Appropriates to the persons therein § 2. How drawn, 
named f400, to pay award of Commis- 
sion of Claims. 

An Act to provide for the payment of an amount found to he 
due and owing by the Commission of Claims from the State of 
Illinois to certain persons herein named. 

Section 1. Be it enacted by the People of the State . of Illi- 
nois, represented in the General Assembly: That the sum of four 
hundred dollars be and the same is hereby appropriated, out of 
any money in the State Treasury not otherwise appropriated, to 
pay the amount heretofore found to be due from the State of 
Illinois by the Commission of Claims at its session of A. D., 1892, 
to Mary McLaughlin, Hiram McLaughlin, Ada McLaughlin, 
William McLaughlin, and Darwin McLaughlin and Marquis Mc- 
Laughlin. 

§ 2. That the said sum hereby appropriated shall be in full 
satisfaction of all matters claimed by said claimants in their 
statement of claim, as the same is filed with the Auditor of Pab- 
lic Accounts and ex officio clerk of said Commission of Claims, 
and the Auditor shall issue his warrant on the State Treasurer 
for the amount herein named to said claimants, or their legal 



36 



APPROPEIATIONS. 



representatives, and the State Treasurer is hereby authorized to 
pay the same out of any money in the State treasury not other- 
wise appropriated. 

Appeoved June 15, 1895. 



3I0NUMENTS TO MARK BATTLEFIELDS AT CHICAMAUGA, LOOKOUT MOUNTAIN 
AND MISSIONARY RIDGE. 



§ 1. Appropriates $65,400 to mark positions 
of Illinois troops in above battles, and 
to pay expenses of commissioners to 
locate same. 

I 2. Authorizes commissioners to procure 
granite monuments and markers. 



§3. Commissioners to receive actual expenses 
only. 

§ 4. Appropriation — How drawn. 



An Act to provide for the erection of monuments to mark the 
positions occupied hy Illinois volunteers in the battles of Chica- 
mauga, Georgia; LooJwut Mountain and Missionary Ridge, 
Tennessee. 

Section 1. Be it enacted by the People of the Slate of Illi- 
nois, represented in the General Assembly: That for the purpose 
of perpetuating the participation in, and marking, by appropriate 
monuments and markers of granite, the positions of the several 
commands of Illinois volunteers engaged in the battles of Chica- 
mauga, Georgia; Lookout Mountain and Missionary Ridge, Ten- 
nessee, and the actual expenses of the commissioners appointed by 
virtue of an act of the Thirty-eighth General Assembly to locate 
the positions occupied by the volunteers aforesaid on the battle- 
fields mentioned, the sum of sixty-five thousand four hundred dol- 
lars, or so much thereof as may be necessary, be, and the same is 
hereby, appropriated out of any money in the State Treasury not 
otherwise appropriated. 

§ 2. The said commissioners appointed as aforesaid are au- 
thorized and empowered to make contracts for the construction, 
delivery and erection upon the battlefields aforesaid, of one monu- 
ment for each regiment and each battery of Illinois volunteers 
participating in said battles, to be made entire of granite, and 
appropriately inscribed, at a cost of not exceeding six hundred 
and twenty-five dollars for each of said monument?, complete and 
placed in its final position, and also to contract for the construc- 
tion, delivery and erection on said battlefields of not more than 
one hundred granite markers, at not exceeding the sum of fifty 
dollars each. 

§ 3. That for the service of said commissioners as set forth in 
section II of this act, there shall be no compensation, but they 
shall receive their actual expenses incurred in the premises, not 
exceeding in the aggregate the sum of two thousand dollars, to be 
paid out of said appropriations. 



APPROPRIATIONS. 37 



§ 4. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants on the Treasurer on the presenta- 
tion of proper vouchers, certified to by the commissioners and 
approved by the Governor and Adjutant General, for the pay- 
ment for said monuments and markers when constructed, delivered 
and erected in the places designated by said commissioners, and 
for the actual expenses of said commissioners. 

One-half of said appropriation to be paid out of the taxes 
levied for the year 1895, and one-half to be paid out of the taxes 
to be levied for the year 1896. 

Approved May 22, 1895. 



MONUMENT TO THOMAS FORD. 

I 1. Appropriates for the erection of a monu- I § 2. How drawn, 
ment at, and the care of the grave of 
Thomas Ford $1,300. | 

An Act to appropricde the sum of twelve hundred (1,200) dol- 
lars for the erection of a suitable monument to the memory of 
Thomas Ford, and for providing for proper attentions to said 
grave. 

Whereas, The grave of Thomas Ford, who served as Governor 
of the State of Illinois from 1812 to 1846, and who departed this 
life November 2, 1850, has never beea appropriately marked, and 
lies to-day ia a wholly neglected condition, and 

Whereas, The services he rendered the State, both as its chief 
executive and historian, entitles his memory to be preserved and 
handed down to posterity; therefore, 

Section 1. Be it enacted hy the People of the State of Illi- 
nois, represeyited in the Genercd Assembly: That the sum of 
twelve hundred (1,200) dollars be, and the same is hereby, appro- 
priated out of any moneys not otherwise appropriated for the pur- 
pose of erecting to the memory of Thomas Ford, late Governor of 
this State, at the grave of the deceased, and also for securing 
from the authorities of the cemetery in which said grave is 
located the attentions provided for by the rules of said cemetery 
association. 

§ 2. That the Governor of this State be authorized to carry 
the foregoing section into effect, and on his certificate of the 
amount expended, which shall not exceed the amount appropriated 
by the first section of this act, the Auditor of Public Accounts 
shall draw a warrant on the Treasurer for the same. 

Approved June 15, 1895. 



38 



APPROPRIATIONS. 



MONUMENT TO FRANCIS SCOTT KEY. 

§ 1. Appropriates for a memorial stone in the I § 3. How drawn, 
monument to Francis Scott Key $300. 

An Act making an appropriation io provide for (he cost of a 
memorial stone by the State of Illinois for the Francis Scott 
Key monument. 

Whereas, The Key Monument Association of Frederick, Mary- 
land, an incorporation organized for the purpose of making pro- 
vision to erect a monument to the memory of Francis Scott Key, 
the author of the Star Spangled Banner, has embraced in the 
plans a design to have each state and territory of the Union, and 
the National Government, donate a memorial stone to the monu- 
ment; therefore. 

Section L Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That there is here- 
by appropriated out of any money in the State Treasury a sum 
not exceeding three hundred (300) dollars, said sum of money 
to be used in the preparation of a memorial stone of such dimen- 
sions as the Key Monument Association may elect, and that the 
State Geologist be empowered to select from the native stone of 
Illinois a stone suitable for the purpose, and that all work neces- 
sary to prepare the stone be under his supervision and direction. 

§ 2. The Auditor shall draw his warrant upon the State Treas- 
urer for as much thereof of the sum appropriated by section 1 of 
tliis act as may be necessary to complete the work, when certified 
to by the State Geologist and approved by the Governor. 

Approved June 15, 1895. 



LINCOLN MONUMENT. 



Conveyance of Lincoln Monument, grounds 
and appurtenances to State accepted — 
Governor, Superintendent of Public In- 
struction and Treasurer constituted 
Board of Commissioners. — Custodian. 

Custodian to accept no gift or fee for ad- 
mittance, and to sell no relics, trophies, 
etc.— Leaflet to be distributed. 



§ 3. 



Dwelling for custodian to be erected— Cost 
limited to $2,500. 



I 4. Appropriates $4,500 to carr.y act into ef- 
fect and §30,000 for contingent fund. 

§ 5. Contingent fund to be available July 1, 
1896. 

§ 6. Appropriation— How drawn. 



An Act accepting the conveyance of the Lincoln Monument andi 
grounds, and to provide for the care and custody of the same, 
and to make an appropriation for a dwelling house for the cus- 
todian, and to pay the custodian and preserve the monument. 

Whereas, The Lincoln Monument Association, a corporation or- 
ganized under the laws of the State, having title to about nine 
acres of land situated in Oak Ridge Cemetery, near the city of 
Springfield, Illinois, in which said plat of land is deposited the 
remains of Abraham Lincoln, his wife and other members of his 
family, and 



APPROPItlATIONS. 3& 



Whereas, said Monument Association have erected over said re- 
mains a monument dedicated to the memory of Abraham Lincoln, 
^nd have maintained the same for several years, and, 

Whereas, said Lincoln Monument Association is now desirous of 
transferring by deed all of it3 ri£?ht, title and interest in and to 
said nine acres of land, the monument erected thereon, and all the 
appurtenances appertaining thereto, to the State of Illinois in trust, 
upon the conditions that the State of Illinois will preserve, main- 
tain and superintend the said groands and monument in a saitable 
manner, complying with the now existing agreement between the 
■said Monument Association and Robert Lincoln, the surviving son 
of Abraham Lincoln; therefore. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the State of Illinois 
accept the conveyance of said land with its appurtenances, in trust, 
as provided in said deed of conveyance, and that the Governor of 
the State of Illinois, Superintendent of Pablic Instruction and 
■State Treasurer and their successors in office, be and they are 
hereby constituted a board of commissioners of and for the Lin- 
coln Monument grounds, and that immediately after the taking 
■effect of this act, the said commissioners shall appoint a custodian 
for said monument and grounds, who shall be an es-Uniou Illinois 
soldier so long as a suitable one can be obtained, and after that 
the son of an ex-Union soldier, and the commission shall prescribe 
his duties and fix rules and regulations to govern him in the dis- 
charge of the same. 

§ 2. The said commissioners shall not permit the custodian or 
any other person to ftccept any gift for his services or to charge 
any admittance fee to said grounds or monument, or to sell or offer 
for sale any relics, trophies, photographs or any other article or 
thing upon said grounds or in or about said monument. They 
shall prepare for gratuitous distribution a small leaflet givi:ig the 
date of the birth and death of Abraham Lincoln, with a brief 
statement of the most important events of his life and the cause 
of his death. Also the size and height of the monument and the 
cost of the same. 

§ 3. The said commission shall cause to be erected at a suitable 
place upon said grounds, a dwelling house for the custodian to 
reside in, at a cost not to exceed twenty-five hundred (2,500) 
dollars, the front room of which dwelling shall be especially pre- 
pared and furnished and kept as a waiting room for visitors to 
the monument. 

§ 4. For the purpose of enabling the commissioners to carry 
into effect this act for the next two (2) years, beginning July 1, 
1895, the sum of twenty-five hundred (2,500) dollars or so much 
thereof as may be necessary, is hereby appropriated for the (jur- 
pose of the erection of said dwelling house. For the payment of 
the person appointed as custodian of said grounds and monument 
for two years beginning July 1, 1895, the sum of two thousand 



40 APPEOPEIATIONS. 



(2,000) dollars is hereby appropriated, the same to be paid in 
monthly installments of eighty-three dollars and thirty-three and 
one-third cents ($83.33^) per month, and the sum of thirty- 
thousand (30,000) dollars is hereby appropriated as a contingent 
fund to be used by the commission as necessity may require in 
preserving, repairing and beautifying said grounds and monument 
and approaches thereto. 

§ 5. The appropriation of thirty thousand (30,000) dollars 
herein provided for shall be available July 1, 1896, and to [be] 
paid out of the tax levy for the year 1895. 

§ 6. The A-uditor of Public Accounts is hereby authorized to 
issue warrants for above amounts upon vouchers properly attested 
by said commissioners, signed by the Governor in his official 
capacity, and to be paid as herein provided. 



This bill, having remained with the Governor for the period of ten days, Sundays excepted, after 
having been presented to him, and he having neither approved the same, nor returned it with his 
objections thereto, to the House in which it originated, and the General Assembly being in session, 
it becomes a law in like manner as if he had signed it. 

Witness my hand this 18th day of May, A.. D. 1895. 

W. H. HINRICHSEST, 

Secretary of State. 



3I0SrUMENT TO ELI.TAH P. LOVE.JOY. 

§ 1. Appropriates iS-^o, 000 to erect a monument | § 3. How drawn. Appropriation available 
at Alton to Elijah P. Lovejoy. July 1, 18%. 

An Act for an appropricdion for a monument at Alton to the 
memory of Elijah P. Lovejoy. 

Section 1. Be it enacted hy the People of the State of Illi- 
nois, represented in the General Assembly : That there be, and 
there is hereby, appropriated out of the funds now in the State 
Treasury the sum of twenty-five thousand dollars ($25,000) for 
the purpose of defraying the expenses of erecting in the city of 
Alton a suitable monument to the memory of the martyr, Elijah 
P. Lovejoy. 

§ 2. The Auditor of Public Accounts is hereby authorized to 
draw his warrants upon the Treasurer for the aforesaid sum of 
money upon the order of the Lovejoy Monument Association, 
signed by the president and attested by the secretary and approved 
by the Governor. No part of this appropriation shall be available 
until July 1, 1896. 

Approved June 17, 1895. 



APPEOPRIAnONS. 41 



NATIONAL GUARD. 



§ 3. How drawn. 
S 4. Emergency. 



§ 1. Appropriates $354,721.94 to pay the ex- 
penses of the Illinois National Guard, 
while in actual duty duringtheyear 1894. 

§ 3. Appropriates .$62,000 to uniform and 
equip the Illinois National Guard. 

An Act making appropriationsi for the payment of the expenses 
of the Illinois National Guard while on active duty during the 
year 1894, for the ordinary and contingent expenses of the 
same to June 30, 1895, and to uniform and equip the Illinois 
National Guard. 

Section I. Be it enacted hy the People of the State of Illi- 
nois, represented in the General Assembly : That the sum of 
two hundred and fifty-four thousand, seven hundred and twenty- 
one dollars and ninety-four cents ($254,721.94), or so much thereof 
as may be necessary, is hereby appropriated to pay the expenses 
of the Illinois National Guard while on active duty during the 
year 1894. The pay-rolls for said duty to be paid to the assignees 
thereof, with interest at the rate of six per cent, per annum from 
the date of assignment until paid. 

§ 2. The sum of sixty-two thousand dollars ($62,000), or so 
much thereof as may be necessary, is hereby appropriated to 
uniform and equip the Illinois National Guard. 

§ 3. The Auditor of Public Accounts is hereby authorized to 
draw his warrants on the Treasurer for the sums herein specified, 
upon the presentation of proper vouchers certified to by the Ad- 
jutant General and approved by the Governor, and the Treasurer 
shall pay the same out of the proper fund. 

§ 4. Whereas, the above expenses of the Illinois Natioual Guard 
incurred during said active service are past due, and whereas, 
more than one hundred and five thousand dollars has been paid 
out of the ordinary appropriation for the current two years on 
account of said active service, which would otherwise have been 
applied to the payment of current expenses and to uniforming 
and equipping the National Guard, therefore, an emergency exists, 
and this act shall be in force from and after its passage: Pro- 
vided, the sum of sixty-two thousand dollars (S6i,000), above 
appropriated to uniform and equip the Illinois National Guard, 
shall not be payable as hereinbefore provided until on or after 
July 1, 1895. 

Approved April 8, 1895. 



42 



APPROPRIATIONS. 



NATIONAL, GUARD. 



§ 1. Appropriatea to the National Guard 
$180, 000 per annatn, for ordiaary and 
coatinsent expenses. 



§ 3. Appropriates $30, 000 to defray expenses 
to July 1, 1895. 

§ 3. How drawn. ^ 



An x4.ct io provide for the ordinarjj and contingent expenses of 
the Illinois National Guard, and the improvement and repair 
of the rifle ranges of the Illinois National Guard. 

Section 1. Be it enacted Jjy the People of the Slate of Illi- 
nois, represented in the Ge)ieral Assemblu : That the sum of one 
hundred and ei2;'hty thoasaud dollars (81^0,000) per anuum, or so 
much thereof as may be necessary, is hereby appropriated to pay 
the ordinary and contiugent expenses of the Illiuois National 
Ouard, and for the improvement and repair of the rifle ranges for 
the Illinois National Guard. 

§ 2. And that the sum of thirty thousand dollars ($30,000) 
be, and the same is, hereby appropriated to pay the expenses of 
the Illinois National Guard to July I, 1895. 

§ 3. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant for the sum herein specified upon 
the presentation of proper vouchers certified to by fie Adjutant 
General and approved by the Governor, and the Treasurer shall 
pay the same out of the proper fund. 

Approved June 17, 1895. 



PAVING STREETS IN SPRINGFIELD. 



I 1. Secretarj' of State to procure repairment 
of certain streets adjoining State prop- 
erty in Springfield. 



§ 2. Appropriates 
dition. 



3— How drawn— Con- 



§ 3. Auditor to pay $-2?3 60 to reimburse the 
city of Springfield for paving at State 
Arsenal. 

I 4. Advertisement for bids— Letting con- 
tracts—Bonds . 



An Act to newly pave and curb portions of certain streets ad- 
joining the properly of the State in the city of Springfield, 
and to reimburse the city of Springfield the sum of $288.60 
for paving Fifth street in said city, opposite the State Arsenal. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the Secretary 
of State is hereby authorized and instructed to procure the re-pave- 
ment of one-half of Moaroe street, adjacent to the capitol grounds, 
and all of Monroe street as far as the State owns the ground on both 
sides thereof; one-half of Second street, in front of the capitol grounds 
on the east; one-half of Spring street in front of the capitol 
grounds on the west, and the one-half of Charles street in front 



APPROPIIIATIONS. 43 



of the capitol grounds on the south, and that he also cause to be 
put down stone curbing and a stone sidewalk on the north side 
of said Charles street, along the south side of said capitol 
grounds. And that he also cause one-half of Fourth street on 
the west front of the executive mansion grounds, and one-half of 
Jackson street on the north front of said grounds, and one-half 
of Fifth street on the east front of said grounds, and one-half of 
Edwards street on the south side of said grounds, to be re-paved. 
All of said pavement to be of the best quality of street paving 
brick, such as is now, and heretofore has been, used by the city 
of Springfield, in paving its streets. 

§ 2. The sum of eight thousand dollars is hereby appropriated 
for the purposes mentioned in the first section of this act, or so 
much thereof as may be necessary, and the Auditor of Public 
Accounts is hereby required to. draw his warrant upon the Treas- 
urer, payable out of this appropriation, upon vouchers presented 
and approved by the Secretary of State: Provided, however, that 
this appropriation is upon the condition that the city of Spring- 
field shall cause to be paved the remaining one-half of the said 
several streets in front of the capitol and executive mansion 
grounds, hereinbefore described, which shall be done simultane- 
ously with the work required by the Secretary of State to be 
done. 

§ 3. The Auditor is hereby authorized and directed to pay to 
the city of Springfield the sum of two hundred and eighty-eight 
and sixty one-hundredths dollars ($288.60), the amount paid by 
said city for paving the east side of Fifth street, in front of the 
State Arsenal, and that he be required to take a voucher from 
said city, for said amount. 

§ 4. The Secretary of State shall let the work provided for in 
this act to the lowest responsible bidder or bidders^ after adver- 
tising said work by publication, at least twenty days, in one daily 
paper in the city of Chicago, and one daily paper in the city of 
Springfield, and he shall have the power to reject any and all 
bids, and shall require bonds to accompany each bid in such sum 
as he may think proper, for the faithful performance of the con- 
tract. 

Approved June 7, 1895. 



44 



APPROPRIATIONS. 



PENITENTIARIES — CONVEYANCE OF CONVICTS. 



§ 1. Enactina; clause. 

§ 2. Appropriates $7,500 for conveying con- 
victs to penitentiary, etc. 

§ 3. Appropriates $30, 000 for conveying juve- 
nile offenders to the State Reformatory. 



§4. Appropriates $1,030 for conveying juvenile 
female offenders to the State Home — 
Emergency. 



An Act making appropriations for conveying convicts to the pen- 
itentiary, and from and io the penitentiary in case of new trial 
or to he used as loitnesses in criminal cases, and for convey- 
ing juvenile offenders io the State Reformatory, at Pontiac, and 
juvenile female offenders to the State Home for Juvenile Female 
Offenders, and declaring an emergency. 

Section 1. Be it enacted hy the People of the State of Illi- 
nois, represented in the General Assembly: That the followiDg 
amouats be and are hereby appropriated for the purposes here- 
inafter naraed: 

§ 2. The sum of seven thousand five hundred dollars ($7,500), or 
so much thereof as may be necessary, for conveying convicts to the 
penitentiary, and from and to the penitentiary in case of [a] new 
trial or when used as witnesses in criminal trials, to be paid on 
the warden's cercificate of delivery, at the compensation fixed by 
the general laws, the Auditor to compute the distance by the 
nearest railroad route. 

§ 3. The sum of twenty thousand dollars ($20,000), or so 
much thereof as may be necessary, for conveying juvenile offend- 
ers to the State Reformatory, at Pontiac, payable on the superin- 
tendent's certificate of delivery at the rate of compensation allowed 
by law, the Auditor to compute the distance by the nearest rail- 
road route. 

§ 4. The sum of one thousand dollars ($1,000), or so much 
thereof as may be nesessary, for conveying juvenile female offend- 
ers to the State Home for Juvenile Female Offenders, payable on 
the superintendent's certificate of delivery, at the rate of com- 
pensation allowed by law for conveying juvenile offenders to the 
State Reformatory, the Auditor to compute the distance by the 
nearest railroad route. 

Whereas, an emergency exists, therefore this act shall take 
effect and be in force from and after its passage. 

Approved June 13, 1895. 



APPROPRIATIONS. 



45 



PENITENTIARIES — JOLIET. 



g 1. Enacting clause. 

§ 2. Appropriates $100, 000 for contingent ex- 
penses for two years. 

§ 3. Appropriates $25,000 per annum for re- 
pairs. 



§ 4. Appropriates $105,000 for building and 
improvements. 

§ 5; How drawn. 



An Act making appropriaiions for the Illinois State Penitentiary, 
at Joliet for the two years beginning July 1, 1895, and ending 
July 1, 1897. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the following sums be, 
and the same are hereby, appropriated for the purposes herein- 
after named and none other, and payable only according to law: 

§ 2. To the Illinois State Penitentiary, at Joliet, for contin- 
gent- expenses for two years, the sum of one hundred thousand 
(100,000) dollars: Provided, that no part of this appropriation 
shall be used in starting new industries or in purchasing ma- 
chinery for new industries in the penitentiary: And, provided, 
further, that fifty thousand (50,000) dollars of the sum hereby 
appropriated may be used in purchasing raw material that may 
be needed to operate the present industries. 

§ 3. For painting, relaying floors, repairing and repainting 
wall, roofs, rebuilding steam and water pipes, engines, boilers and 
machinery, and making such other repairs as may be required, 
the sum of twenty-five tliousand (25,000) dollars per annum. 

§ 4. For an artesian well the sum of five thousand (5,000) 
dollars. For a new hospital building and necessary fixtures, 
furniture and appliances, the sum of twenty-five thousand (25,000) 
dollars. For the construction of a suitable building and walls 
around the same for the use of female convicts, the sum of 
seventy five thousand (75,000) dollars. 

§ 5. The Auditor of Public Accounts is hereby authorized to 
draw his warrant upon the State Treasurer for the moneys here- 
inbefore appropriated, upon the order of the board of commission- 
ers of said penitentiary, signed by the president and attested by 
the secretary, with the seal of said institution attached, and ap- 
proved by the Governor. 

Approved June 24, 1895. 



4.6 APPROPRIATIONS. 



PENITEKTIARIBS, SOUTHERN. 

§ 1. Enacting clause. § 3. How drawn. 

§ 2. Appropriates for ordinary expenses, etc. 
$50, 250, and for contingent expenses, re- 
pairs, improvements, etc., $55,200. 

An Act making appropriations for the State Penitentiary at Ches- 
ter, Illinois, for the tivo years beginning July 1, 1S95, and end- 
ing July 1, 1897. 

Section 1. Be it enacted by ihe People of the State of Illinois, 
represented in tlie General Assembly : That the following be, and 
the same are hereby, appropriated for the purposes hereinafter 
named and none other, and payable only according to law: 

§ 2. For the ordinary running expenses for said penitentiary 
fifty thousand (50,000) dollars per annum. For contingent ex- 
penses, ten thousand (10,000) dollars. 

For repairs and furnishing, five thousand (5,000) dollars. 

For a pump and fixtures, one thousand five hundred (I55OO) 
dollars. 

For maintaining library, two hundred and fifty (250) dollars per 
annum. 

For knitting machine and fixtures, twenty-five hundred (2,500) 
dollars, for additional machinery for the knitting factory. 

For dust extractor and heater for pearl button factory, seventeen 
hundred (1,700) dollars. 

For material and construction of four additional brick kilns, fif- 
teen thousand (15,000) dollars. 

For materials and construction of tramway and clay sheds for 
removing clay from the clay fields to the clay sheds, two thousand 
(2,000) dollars. 

For necessary materials and construction for building stone wall 
around the prison 24 feet high, fifteen thousand (15,000) dollars. 

For excavating and removing earth and useless stones from the 
penitentiary yard so that wall may be erected, twenty-five hun- 
dred (2,500) dollars. 

§ 3. The Auditor of Public Accounts is hereby authorized tO' 
draw his warrant upon the State Treasurer for the moneys herein- 
before appropriated, upon the order of the Board of Commissioners 
of said penitentiary, signed by the president and attested by the 
secretary with the seal of said institution thereto attached, and ap- 
proved by the Governor. 

Approved June 15, 1895. 



APPEOPBIATIONS. 47 



STATE REFORMATORY. 

§ 1. Enacting clause. §3. How drawn. 

§ 2, Appropriates for ordinary expenses, gen- 
eral repairs and improvements, library, 
etc., $134, 500 — For discharge and parole 
of prisoners, building, equipment, etc., 
$184, 000. 

An Act making appropriaiions for the Illinois State Reformatory, 
at Pontiac, for the two years beginning July 1, 1895, and end- 
ing July 1, 1897. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the following sums be, 
and the same are hereby, appropriated for the purpose hereinafter 
named and none other, and payable only according to law: 

§ 'A. For ordinary expenses of said reformatory, one hundred 
and thirty thousand (130,000) dollars per annum. 

For discharge and parole of prisoners for first year, twelve thou- 
sand five hundred (12,500) dollars. 

For second year, fifteen thousand (15,000) dollars. 

For school books, maps and charts, one thousand five hundred 
(1,500) dollars. 

For team, wagons and farm implements, one thousand five hun- 
dred (1,500) dollars. 

For stand pipe and connection, five thousand (5,000) dollars. 

For necessary addition to new cell house, including inmates'' 
dining-room, kitchen, bakery, laundry, flour room and cold storage 
room, one hundred thousand (100,000) dollars. 

For completion of power house, including engine and dynamo 
room, seven thousand (7,000) dollars. 

For one improved water tube boiler of two hundred horse power, 
with improved furnace, and cost of setting and connections, four 
thousand five hundred ( 4,500) dollars. 

For additional engines, dynamo and arc light service, ten thou- 
sand (10,000) dollars. 

For maintenance and repairs of electric light service, fifteen 
hundred (1,500) dollars per annum. 

For additional beds, bedding, furniture, etc., three thousand 
(3,000) dollars. 

For equipment and maintenance of trade schools, fifteen thou- 
sand (15,000) dollars. 

For material to be used in trade instruction, five thousand (5,- 
000) dollars per annum. 

For additional cooking, bakery and laundry machinery and ap- 
pliances, two thousand five hundred (2,500) dollars. 



48 APPEOPEIATIONS. 



For general repairs and improvements, four thousand (4,000) 
dollars per annum. For library, five hundred (500) dollars per 
annum : 

Provided, that no part of the foregoing appropriation shall be 
used to sink or operate a coal shaft. 

§ 3. The Auditor of Public Accounts is hereby authorized to 
draw his warrant on the State Treasurer for the moneys herein- 
before appropriated upon the order of the board of commissioners 
of said reformatory institution signed by the president and attested 
by the secretary with the seal of said institution attached, and 
approved by the Governor. 

Approved, June 15, 1895. 



f 1. Appropriates , 156,128 50 to meet expenses 

from February 15 to July 1,1S95. 
§ 3. How drawn. 



STATE REFORMATORY. 

§ 3. Emergency. 



An Act to make an apjjrojyriation for the expenses of the Illinois 

State Reformatory . 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of fifty-six 
thousand one hundred and twenty-eight dollars and fifty cents 
($56,128.50), be and the same is hereby appropriated to the Illi- 
nois State Reformatory to meet the expenses of said reformatory 
from the fifteenth day of February to the first day of July, 1895. 

§ 2. The Auditor of Public Accounts is hereby directed to draw 
his warrant upon the State Treasurer for the moneys hereby 
appropriated upon the order of the board of managers of the said 
reformatory, signed by the president and attested by the secretary, 
with the seal of said institution thereto attached. 

§ 3. Whereas, the amount hereby appropriated was expended 
out of moneys heretofore appropriated for the ordinary and con- 
tingent expenses of said reformatory, and necessarily used for the 
completion of the new cell house and power house of said 
reformatory, so that the same could be occupied; also, for nec- 
essary repairs to the old buildings, so as to make them habitable; 
also, for establishing common schools and trade schools for the 
inmates; therefore, an emergency exists, and this act shall be in 
force from and after its passage. 

Approved, May 11, 1895. 



APPROPRIATIONS. 



49 



JOHN SCANLAN. 

§ 1. Appropriates to John Scanlan $750, damages for personal injuriea BUBtalned while In the 

lineofdaty — How drawn. 

An Act fo 'pay John Scanlan for injuries sustained ivhile in the 
line of duty as a member of the Illinois National Guard. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That the sum 
of seven hundred and fifty dollars is hereby appropriated to pay 
an award made by the commission of claims in favor of John 
Scanlan, who, while in the line of his duty, attending company drill 
as a soldier of Company "H," Seventh Regiment, Illinois National 
Guard, on the night ol October 3, 1893, fell down an open 
elevator shaft, in a dark hall, at the armory of said regiment, at 
number 23 Lake street, Chicago, and thereby received serious and 
permanent bodily injuries. The Auditor of Public Accounts is 
hereby directed to draw his warrant on the State Treasurer for 
the money hereby appropriated. 

Appkoved June 15, 1895. 



STATE GOVERNMENT. 



I 1. Appropriates for the ordinary and con- 
tingent expenses of the State Govern- 
ment, $1,403,325 per annum, and $104,- 
829.27 special, as follows: 

1. To the Governor, to be used as a contin- 

gent fund, $2,000 per annum. 

2. To the Governor, for private secretary, 

executive and pardon clerlis, and steno- 
grapher, $ri,000 per annum. 

3. To the Governor, for postage, office ex- 

penses, etc., $1,509 per annum. 



4. To the Governor, lor purter, 
num. 



700 per an- 



To the Governor, for repairs and care of 
executive mansion, $3,000 per annum. 

To the Secretary of State, for clerk hire, 
stenographers^ janitors, policemen, 
watchmen, etc., .?30, 640 per annum, 
for repairs, postage, office expenses, 
etc., $3,000 per annum; for care and 
custody of State House grounds, $12, - 
500 per annum; and for fire protection, 
$6, 000. 

For iheating, fuel, pay of engineers and 
firemen, of the State House, $15,000 per 
annum. 



S. For lighting the State House, .$4, 000 per 
annum. 

9. To the Secretary of State, for the State 
Library, and salary of assistant libra- 
rian, $2,500 per annum. 

10. For paper and stationery, $13,000 per 

annum. 

11. For public printing, $50,000; for public 

binding, $8,000 per annum. 

12. For copying as per contract, .$600; for 

distributing State documents, .$500; for 
expressage and postage on same, $1,200 
per annum. 

13. For the purchase of Supreme Court 

reports, estimated, $8,000. 

14. For the purchase of flags, $600. 

15. To the Auditor, for clerk hire, stenog- 

rapher, janitors and messengers, $12,- 
900 per annum; for the banking depart- 
ment, the fees received. 

16. For conveying female offenders to the 

State Home, $1,000 per annum. 

17. For costs of State suits, .$500 per annum. 

18. For conveying convicts to penitentiary, 

$20, 000 per annum. 



—4 



50 



APPEOPKIATIONS. 



19. For the apprehension and delivery of 
fugitives from justice, $8, 000 per annum; 
for rewards for the arrest of criminals, 

.$3, 000. 

30. For conveying offenders to the State Re- 
lormatory, $15,000 per annum. 

21. For the expenses of the State Board of 

Equalization, .^8,000 per annum. 

22. To the State Treasurer, for clerk hire, 

watchmen, messenger, and incidental 
expenses of office, $12,500 per annum. 

23. To refund taxes paid in error, such sum 

as may be necessary. 

24. To the Superintendent oi Public Instruc- 

tion, for clerk hire, stenographer, 
janitor, porter and mes8en;<er, and in- 
cidental office expenses, $5,600 per 
annum. 

25. To pay the interest on school fund, $57,- 

000 per annun: . 

26. For the State school fund, $1,000,000 per 

annum. 

27. To the Attorney General, for salary of as- 

sistants, clerk hire, stenographer, port- 
er and messenger, and incidental office 
expenses, $8, 400 per annum ; for legal 
and other expenses, incident to the dis- 
charge of certain duties, $9,000 per 
annum. 

28. To the Adjutant General, for salary of 

assistants, clerk hire, stenographer, 
messenger, incidental office expenses, 
etc., $8, 8.^0 per annum. 

29. To the Board of Public Charities, for sec- 

retary's salary, clerk hire, etc., $7,000 
per annum. 

30. To the Supreme Court, for incidental ex- 

penses, repairs, furniture, libraries and 
librarians, janitors, etc., $8,950 per 
annum, and $500 special. To the Appel- 
late Courts, for incidental and contin- 
gent expenses, libraries, janitors, etc., 
$15,200 per annum, and $1,000 special. 

31. To the State ^luseum of Natural History, 

for salaries of curator and assistant, 
janitor, contingent and necessary ex- 
penses, $4,700 per annum. 

32. To the Kailroad and Warehouse Com- 

mission, for salaries of secretary, civil 
engineer, clerk hire, office expenses, 
printing schedules, maps, litigation, 
etc., $12,200 per annum, and $1,500 
special. 

33. To the Commissioners Labor Statistics, 

for procuring statistics, salary of secre- 
tary, incidental expenses, etc., $10,500 
per annum. 



34. To the Board of Live Stock Commission- 

ers, for secretary's salary, necessary 
expenses, stock yards agents, State and 
assistant veterinarians, janitors, etc., 
$17,020 per annum, also for contingent 
fund $20,000 special. 

35. To the Fish Commissioners, to be used in 

pursuance of law, $7,500 per annum, 
and for personal, traveling and other 
expenses, $2,500 per annum. 

36. To the State Board of Health, for salary 

of secretary, clerk hire, and necessary 
and incidental expenses, $9,000 per an- 
num, and $10, 000 special as a contingent 
fund. 

37. To the Lieutenant Governor, for postage, 

$50 per annum. 

38. To the 40th General Assembly, for com- 

mittee expenses, $1,000. 

39. To the Superintendent of Insurance, for 

clerk hire, office expenses, examina- 
tions, printing, etc., $20,345 per annum, 
and $1, 180 special. 

40. Superintendent of Insurance to make semi- 

annual reports of amounts collected by 
him, and cover same into State Treas- 
ury. 

41. To the trustees of the Lincoln Homestead, 

for salary of custodian, repairs, etc., 
$750 per annum. 

42. To the State Historical Societj% for 

maintenance of library and salary of 
librarian, $1,600 per annum. 

43. To the State Factory Inspectors for 

salaries of selves and deputies, and 
other expenses, $14,000 per annum. 

44. To the State Board of Examiners, for 

Mine Inspectors and Managers, for per 
diem and expenses, $1,500 per annum. 

45. To the Supreme Court Reporter, for mes- 

senger and janitor, $720 per annum. 

46. To the persons therein named for ex- 

penses as Inspectors of Coal Mines, $2,- 
986.27 special; for expenses of btate 
Mine Inspectors to July 1, 1895, $1,000 
si^ecial. 

47. For repairs of canal at Copperas Creek 

dam, $2,UU0. 

47^-2. To the perst^ns therein named, for services 
rendered, $50.80. 

48. To the persons therein named, for services 

rendered, .$2,912.20. 

49. How drawn. 



ArPIlOPRIATIONS. 51 



An Act to provide for the ordinarij and contingent expenses of 
the State government until the expirrdion of the fiscal quarter 
after the adjournment of the next regular session of tlie Gen- 
eral Assembly. 

Section 1. Be it enacted by the People of the Slate of Illinois, 
represented in the General Assembly: That the following named 
sums, or so much thereof as may be necessary, respectively, for 
the purposes hereinafter named, be and are hereby appropriated 
to meet the ordinary and contingent expenses of the State Gov- 
ernment until the expiration of the first fiscal quarter after the 
adjournment of the General Assembly: 

First — A sum not exceeding $2,000 per annum shall be subject 
to the order of the Governor for defraying such public expenses 
of the State Government as are unforeseen by the General As- 
sembly, and not otherwise provided for by law; payment to be 
made from time to time upon bills of particulars, certified to by 
the Governor. 

Second — The sum of $6,000 per annum, for private secretary to 
the Governor, for the performance of such official duties of the 
Governor as may be required of him, and for executive clerk, 
pardon clerk and stenographer, payable monthly as hereinafter 
provided. 

Third — A sum not to exceed $1,500 per annum for postage, ex- 
pressage, telegraphing, furnitare, famishing and other incidental 
expenses connected with the Governor's office, to be paid upon 
bills of particulars, certified to by the Governor. 

Fourth — To the Governor, for one porter, the sum of $700 per 
annum, payable monthly. 

Fifth — To the Governor, for repairs and the care of the execu- 
tive mansion and grounds, and for heating and lighting the exec- 
utive mansion, $y,000 per annum, to be paid on bills of particu- 
lars, certified to by the Governor. 

Sixth — To the Secretary of State, for clerk hire in his office, 
the following sums: For chief clerk, $2,400 per annum; for chief 
corporation clerk, $2,000 per annum; for one corporation clerk, 
$1,800 per annum; for one corporation clerk, $1,100 per annum; 
for one corporation clerk, $720 per annum; for one executive 
clerk, $1,500 per annum; for one index clerk, $2,000 per annum; 
for one assistant index clerk, $1,200 per annum; for one anti-trust 
clerk, $],'Z00 per annum; for two anti-trust clerks, $1,000 each per 
annum; for one anti-trust clerk, $720 per annum; for one shipping 
clerk, $1,100 per annum; for one shipping clerk, $1,000 per annum; 
for one shipping olerk and janitor, $1,000 per annum, and for 
extra clerical services, $1,500 per annum; for stenographers and 
typewriters, $2,000 per annum; for two porters and messengers, 
$700 each per annum, all payable upon monthly pay-rolls certified 
to by the Secretary of State; and for laborers, janitors, policemen 
and watchmen of the State House, who shall perform such duties 



52 APPROPRIATIONS. 



as shall be assigned to them by thts Secretary of State, the sum 
of $6,000 per annum, all payable upon monthly pay-rolls duly 
certified to by the Secretary of State. To the Secretary of State, 
for repairs, postage, expressage, telegraphing and other incidental 
expenses of his office, a sum not exceeding $3,000 per annum; and 
for the payment of all necessary incidental expenses incurred by 
the Secretary of State, in the care and custody of the State House 
and grounds and other State property and in repairs and improvements 
of the same, and for the performance of such other duties as may 
be imposed upon him by law, and for which no other appropria- 
tion has been made, the sum of 812,500 per annum, all payable 
upon bills of particulars certified to by the Secretary of State and 
approved by the Governor. To the Secretary of State, the sum of 
six thousand (6,000) dollars for the purpose of purchasing and 
placing standpipes, hose, fire extinguishers and other necessary 
apparatus for the protection of the State Capitol from fire, to be 
paid upon bills of particulars certified to by the Secretary of State. 

Seventh — For heating, fuel and pay of engineers and firemen, 
of the State House, and other incidental expenses thereof, the sum 
of $15,000 per annum, or so much thereof as may be needed, to 
be paid upon bills of particulars, certified to by the Secretary of 
State and approved by the Governor. 

Eighth — For lighting the State House and other incidental ex- 
penses thereof, the sum of $4,000 per annum, or so much thereof 
as may be necessary, to be paid on bills of particulars, certified 
to by the Secretary of State and approved by the Governor. 

Ninth — To the Secretary of State, for the purchase of books 
and for the incidental expenses of the State Library, the sum of 
$1,500 per annum, payable on bills of particulars certified to by 
the Board of Commissioners of the State Library. For salary of 
assistant librarian, the sum of $1,000 per annum, payable monthly. 

Tenth — For the purchase on contract as required by law, and 
other necessary expenses connected therewith, of printing paper 
and stationery for the use of the General Assembly and the ex- 
ecutive departments, the sum of $18,000 per annum, payable on 
bills of particulars certified to by the Board of Commissioners of 
State Contracts, and approved by the Governor. 

Eleventh — For public printing, the sum of $50,000, or so much 
thereof as may be required. For public binding, $8,000 per an- 
num, or so much as may be required. The public print- 
ing and binding to be paid according to contract, upon the cer- 
tificate of the Board of Commissioners of State Contracts, and 
approved by the Governor. 

Twelfth — For copying the laws, journals and' joint resolutions 
of the General Assembly, as provided by law, $600. For distri- 
bution of laws, journals and other State documents, and incidental 
expenses connected therewith, the sum of $500, and for expressage 
and postage on same, $1,200 per annum, payable as provided by 
law. 



APPROPRIATIONS. 53 



Thirteenth— Such sum as may be necessary to enable the Sec- 
retary of State to purchase such volumes of the reports of the 
decisions of the Supreme Court as he is, or may be by law re- 
quired to purchase, to be paid on bills of particulars, certified to 
by the Secretary of State and approved by the Governor. 

Fourteenth — To the Secretary of State for the purchase of flags 
for the dome of the Capitol building for two years, %h.e sum of 
$600, to be paid on bills of particulars certified to by the Secre- 
tary of State and approved by the Governor. 

Fifteenth — To the Auditor of Public Accounts, for necessary 
clerk hire in his office, the following sums: for chief clerk, $2,400 
per annum; for revenue clerk, $1,800 per annum; for warrant 
clerk, $1,800 per annum; for stenographer and typewriter, $1,000 
per annum; for two janitors and messengers, $700 each per annum, 
and for additional clerk hire, the sum of $1,500 per annum; for a 
land clerk, the stim of $1,500 per annum, payable on bills of par- 
ticulars certified to by the Auditor of Public Accounts. To the 
Auditor of Public Accounts, for repairs, postage, express charges, 
telegraphing and other incidental expenses incurred in the dis- 
charge of his duties, a sum not to exceed $1,500 per annum, pay- 
able on bills of particulars, certified to by the Auditor, and ap- 
proved by the Governor. To the Auditor of Public Accounts, for 
the purpose of paying for the clerical service incidental to the 
banking department, a sum not to exceed the fees received by 
him for preliminary examinations, and for filing reports from such 
bank, and building and loan associations, as now provided by law. 

Sixteenth — A sum not to exceed $1,000 per annum, or so much 
thereof as may be needed, for convening female offenders to the 
State Home for Juvenile Female Offenders, to be ascertained and 
paid in the same manner as for conveying prisoners to the pen- 
itentiary. 

Seventeenth — A sum not exceeding $500 per annum, or so much 
thereof as may be necessary for costs and expenses of state suits 
to be paid on bills of particulars, certified to by the Auditor 
and approved by the Governor. 

Eighteenth— A sum not exceeding $20,000 per annum, or so 
much thereof as may be necessary, for conveying convicts to the 
penitentiary, and from and to the penitentiary in cases of new 
trials, or when used as witnesses in cases, to be paid by the Audi- 
tor in the manner now provided by law. 

Nineteenth— For the payment of the expenses provided for by 
law for the apprehension and delivery of fugitives from justice, 
$8,000 per annum, or so much thereof as may be necessary, to be 
paid on the evidence required by law, certified to and approved by 
the Governor; and the sum of $3,000 for rewards for arrests of 
fugitives from justice, to be paid on bills of particulars having the 
order of the Gjvernor endorsed thereon. 



54 APPEOPRIA.TIONS. 



Twentieth — The sum of $15,000 per annum, or so much thereof 
as may be necessary, for conveying offenders to the State Reform- 
atory at Pontiac, to be ascertained and paid in the sanae manner 
as in cases of conveying prisoners to the penitentiary. 

Twenty-first — To the Stale Board of Equalization, for paying 
expenses, a sum not exceeding S8,000 per annum, payable in the 
manner pi;ovided by law. 

Twenty-second — To the State Trea?-urer, for clerk hire, the sum 
of $7,500 per annum; the sum of $3,200 per annum for two night 
and two day watchmen, and the sum of $800 per annum for mes- 
senger and clerk, all payable on monthly pay-rolls, duly certified 
to by the Treasurer; to the State Treasurer, for repairs, express 
charges, postage, telegraphing and other necessary incidental ex- 
penses connected with his office, a sum not to exceed $1,000 per 
annum, payable on bills of particulars, certified to by him and 
approved by the Governor. 

Twentj-third — Such sums as may be necessary to refund the 
taxes on real estate sold or paid on error, and for over-payment 
of collectors' accounts under laws governing such cases, to be paid 
out of proper funds. 

Twenty-fourth — To the Superintendent of Public Instruction, 
the following sums are hereby appropriated: For Assistant Super- 
intendent and clerk hire, $2,400 per annum, and for stenographer 
and typewriter $1,000 per annum, and for janitor, porter and mes- 
senger services the sum of $700 per annum, all payable on monthly 
pay-rolls, duly certified to by the Superintendent o£ Public In- 
struction; to the Superintendent of Public Instruction, for postage 
and state examinations and other necessary expenses of said office, 
a sum not exceeding $1,500 per annum, payable on bills of par- 
ticulars, certified to by him and approved by tlie Governor; ap- 
propriations made by tlais clause to be paid out of the State school 
funds. 

Twenty-fifth — The sum of $57,000 per annum, or so much thereof 
as may be necessarj^, to pay the interes'i on school funds, dis- 
tributed annually in pursuance of law, said amount to be payable 
from the State school funds. 

Twenty-sixth— The sum of $1,000,000 annually out of the Slate 
school fund . to pay the amount of the Auditor's orders for the 
distribution of said fund to the several counties, and for the pay- 
ment of the salaries and expenses of county superintendents of 
schools as now provided by law. The Auditor shall issue his 
warrant to the State Treasurer on the proper evidence that the 
amount distributed has been paid to the county school superin- 
tendents. 

Twenty-seventh — To the Attorney-General for an assistant, the 
sum of $2,500 per annum; for a second assistant the sum of $1,- 
800 per annum; for a stenographer, who .shall act as clerk, the 
sum of $1,400 per annum, and for a porter and messenger, the 



Arriiui'RjATioNS. 55 



sum of 1700 per annum, payable on bills of particulars duly 
certified to by the Attorney-General. To the Attorney- General, for 
telegraphing, postage a,nd other necessary expenses incurred in 
the discharge of the duties of his office, a sum not to exceed S2,- 
OOO per annum; for legal and other incidental expen6e=i incident 
TO the dii^harga of his duties in relation to the Building Loan 
and Homestead Associations, a sum not to exceed $3,000 per 
annum; for the legal and other expenses incident to the performance 
of his duties in relation to the insurance laws, a sum not to 
exceed $6,000 per annum, payable on bills certified to by him and 
approved by the Governor. 

Twenty-eighth— To the Adjutant General, for clerk hire in his 
office, the following sums: for Assistant Adjutant General, 81,800 
per annum; for militaiy clerk, $1,200 per annum; for record clerk, 
$750 per annum: Provided, that in the employment of clerks 
and assistants in the Adjutant General's office, preference shall be 
given to Union soldiers, their widows and orphans; also the sum 
of $1,000 per annum for postage, telegraphing, repairs and other 
iucideutal expenses connected with Memorial Hall and his office. 
Also for custodian of Memorial Hall, $700 per annum; for sten- 
ographer and typewriter, $1,000 per annum; for Acting Assistant 
Quartermaster General, $1,200 per annum; for Sergeant at Arsenal, 
$600 per annum, and for messenger, $600 per annum, all payable 
upon monthly payrolls or bills of particulars, duly certified to by 
-the Adjutant General and approved by the Governor. 

Tvventy-ninth — To the Board of Public Charities, for salary of 
secretary, the sum of $3,000 per annum; for clerk hire and neces- 
sary incidental expenses of the board, a sum not to exceed $4,000 
per anlium. 

Thirtieth — There is hereby appropriated to defray the incidental 
and contingent expenses of the Supreme Court, to- wit: For sta- 
tionery, repairs, furniture, expressage, priating and law books, to 
be purchased under the direction ot the court, and other expenses 
deemed necessary by the court the following sums: To the North- 
ern Grand Division, the sum of $2,250 per annum, and in addi- 
tion there is also appropriated to the Northern Gran I Division 
the sum of $500 for the purchase of books and for rebinding law 
books now on hand. To the Central Grand Division, the sum of 
$1,750 per annum, and to the Southern Grand Division the sum 
of $1,750 per annum, payable upon bills of particulars certified to 
by at least two of the justices of said court. Tliere is also ap- 
propriated for the pay of the librarians of the several Grand Di- 
visions of said court, who shall also act as librarians for the 
appellate court, when in session in their respective Grand Divi- 
sions, the following sums: 

To the Northern Grand Division and Southern Grand Division, 
each, the sum of $500 per annum, and to the Central Grand Division 
the sum of $1,000 per annum, payable on the certificate of at least 
two judges of said court. There is also appropriated the sum of $400 



56 APPEOPRIATIONS. 



per annum, each, to the Northern, Southern and Central Grand 
Divisions of said court for the pay of janitors to perform such 
duties as shall be determined by said court, and to be paid on the 
order of at least two of the judges. There is also hereby appro- 
priated to defray the incidental and contingent expenses of the 
appellate courts of this State, to-wit: to the first distiict, for rent 
of court rooms, including fuel and light, the sum of $7,500 per 
annum; for statiouery, postage, expressage, repairs, furniture and 
other expenses deemed necessary by said court, the sum of Sl,500 
per annum, and for the salary of the librarian of said court the 
sum of $500 per annum, payable monthly, and for the purchase of 
law books under the direction of the judges of said court, the sum 
of $1,000 per annum, for rebinding law books in library, the sum 
of $1,000. To the second district, for stationery, fuel, light, post- 
age, expressage, repairs, furniture and other expenses deemed neces- 
sary by said court, the sum of $1,500 per annum. To the third 
district and the fourth district, each, the sum of $1,000 per annum, 
for stationery, fuel, lights, postage, expressage, repairs, furniture 
and other expenses deemed necessary by the respective courts; the 
sums to be paid upon bills of particulars, certified to by the clerks 
of the respective courts, upon the order of at least two of the 
judges of the respective courts for which the expense was incurred. 
Also the sum of $400 per annum, each, to the second, third and 
fourth districts, for the pay of janitors to perform such duties as 
shall be determined by the judges of the respective courts, to be 
paid on the order of at least two of the judges in each district. 

Thirty-first — For the salary of the curator of the Illinois State 
Museum of Natural History, the sum of $2,500 per annum; for 
salary of assistant curator, the sum of $1,000 per annum; for the 
salary of a janitor, the sum of $700 per annum, all payable 
monthly, as provided by law. For the coatingent and necessary 
expenses of the museum and scientific library, and for traveling 
expenses incurred on business connected with the office, the sum 
of $500 per annum, payable upon bills of particulars duly certified 
to by the curator and approved by the Governor. Reports on in- 
vestigations shall be prepared by, or under the direction of ths 
curator, and be presented to the board of trustees of the museum 
for approval. The board shall order such reports printed and the 
expense shall be paid out of the general fund appropriated for 
the public printing. 

Thirty-second— To the Railroad and Warehouse Commissioners 
for the incidental expenses of their ofiice, including care, station- 
ery, postage and telegraphing, extra clerk hire and for secretary's 
salary, and for all necessary expenditures, except those hereinafter 
provided f jr, a sum not to exceed $4,000 per annum. For any 
expense incurred in suits or iuvestigations commenced by authority 
of the State under any law now in force, or hereafter enacted, 
empowering or entrusting the board of commissioners, including 
the fees of experts employed and clerical help, the sum of $4,000 
per annum, or such part thereof as may be needwl for such pur- 



APPROPRIATIONS, 67 



poses. For the printing and publication of schedules of reason- 
able maximum rates of charges for the transportation of passen- 
gers, and freights, and cars, made or revised for any or all of the 
railroads of the State, as provided by law, the sum of $1,000, or 
so much thej^of as may be needed for such purposes. For the 
printing and publication of railroad maps of Illinois to be bound 
with annual reports, the sum of $1,200 per annum; for the purpose 
of fitting up the offico v^ith book cases, files and furniture, the sum 
of $500 or so much thereof as may be necessary. For the salary 
of a civil engineer, when so employed by the commission in their dis- 
cretion, the sum of $3,000 per annum, which "said civil engineer 
when so employed shall do such engineering work and make such 
inspections and reports as the said commissioners may direct, for 
which he shall receive compensation to be fixed by the commis- 
sion, not exceeding the said sum of $3,000 per annum, to be paid 
on bills of particulars, certified to by the Railroad and Ware- 
house Commission and approved by the Governor. 

Thirty-third — To the Commissioners of Labor Statistics, for the 
purpose of procuring, tabulating and publishing statistics of Jabor 
as contemplated by law, for clerical services, the employment of 
canvassers, and the incidental oflice expenses of the board, and for 
defraying the per diem and traveling expenses of the commission- 
ers, the sum of $8,000 per annum, or so much thereof as may be 
necessary; and the sum of $2,500 per annum for the salary oi the 
secretary of the board. 

Thirty-fourth — To the Board of Live Stock Commissioners, the 
following sums are hereby appropriated: For salary of Secretary, 
$1,800 per annum; to pay the necessary expenses of the Commis- 
sion and Secretary, $2,000 per annum; for the salary of four 
agents at the Union Stock Yards, Chicago, and one agent at the 
National Stock Yards, East St. Louis, $6,000 per annum; for 
janitor of office, $720 per annum; for salary of Assistant Veter- 
inarian at Union Stock Yards, Chicago, $1,800 per annum; for 
salary and expenses of State Veterinarian, $3,500 per annum; for 
telegraph, postage, express and other incidental ofiice expenses, 
$1,200 per annum. Also for paying damages for animals, diseased 
or exposed to contagion, slaughtered; for per diem and traveling 
expenses of State Veterinarian and Assistant State Veterinarian 
and agents, incurred in making examinations of the same, or in 
making examinations of any animals supposed to be diseased; for 
property necessarily destroyed, and for expenses of disinfection of 
premises, when such disinfection is practicable under the pro- 
vision of any law of this State, for the suppression and preven- 
tion of the spread of contagious and infectious diseases among 
domestic animals, the sum of $20,000, or so much thereof as may 
be necessary; and in addition to said sum of $20,000, any sums of 
money that may be received by the Board of Live Stock Com- 
missioners as the net proceeds of the sale of the healthy carcasses 
of slaughtered animals under the provisions of this law, and paid 
by them into the State Treasury, to be paid only in the manner 
and on the conditions provided by law. 



58 APPROPRIATIONS. 



Thirty-fifth — The sum of S7,500 per annum, or so much of it as 
may be necessary, to the Fish Commissioners of the State, to be 
used by them in pursuance of law. The sum of 82,500 per annum, 
or so mucli thereof as may be necessary, for the personal and 
traveling expenses of the Fish Commissioners, and for the services 
and expenses of such persons as may be employed by them, in- 
cluding fish wardens, while performing such services for which no 
fees are allowed, in enforcing the laws relative to fishways over 
dams, and for the protection of fish. All expenditures to be upon 
bills of particulars, certified to by a majority oE the commissioners 
and approved by the Governor. 

Thirty-sixth —To the State Board of Health, for salary of secre- 
tary, the sum of S3,000 per annum; for necessary office expenses, 
including expenses incurred in attending meetings of the board, 
and in making sanitary inspections, the sum of ^2,000 per annum; 
for chief clerk, 81,800 per annum; for clerk, 81,150 per annum; 
for stenographer, 8720 per annum, and for incidental expenses, the 
sum of 8330 per annum. 

Also the sum of 810,000 as a contingent fund, to be used only 
with the consent and concurrence of the Governor, upon the recom- 
mendation and advice of the board, in case of the outbreak or 
threatened outbreak of any epidemic or malignant disease, such as 
Asiatic cholera, small-pox, yellow fever, or to defray the expenses 
of preventing the introd action of such diseases, or their spread 
from place to pjace within the State, and in suppressing outbreaks 
which may occur, and in investigating their methods of preven- 
tion, also . special investigations when required by the sanitary 
necessities of the State; and any necessary expenditures from this 
sum shall be paid on the order of the president of the board, and 
attested by the secretary, and approved by the Governor. 

Thirty-seventh — To ^he Lieutenant G:)vernor for postage, tele- 
graphing, stationery and other incidental expenses, the sum of 850 
per annum, payable upon his order. 

Thirty-eighth — The sum of 81,000, or so much thereof as may 
be necessary, to pay the expenses of committees of the Fortieth 
General Assembly, such expenses to be certified as may be pro- 
vided by resolution of either house. 

Thirty-ninth — To the Insurance Superintendent, for necessary 
clerk hire in his office the following sums: For actuary, 83,000 
per annum; for chief clerk, 82,000 per annum; for clerk, 81,800 
per annum; for clerk, 81,^00 per annum; for clerk, 81,500 per 
annum; for clerk, 81,200 per annum; for two clerks, 8900 each per 
annum; for clerk, ©720 per annum, and for additional clerical 
services in preparing abstract of annual statement and work con- 
nected therewith, the sum of 81,lb0; for stenographer and type- 
writer, 81,200 per annum; for porter and messenger, , 8700 per 
annum. For postage, express charges and telegraphing and other 
incidental expenses, the sum of 83,000 per annum. For expense 
in attending the annual convention of insurance commissioners the 



APrROPKIATIONS. 59 



sum of $125 per annum; for expense of examinations and investi- 
gations, which cannot be collected from the companies or asso- 
ciations examined, $1,000 per annum, or so much thereof as may 
be necessary; for all other examinations and investij^ations, such 
amount for expenses incurred and services of assistants employed 
as shall be collected from the companies and associations examined; 
for printing blank forms, reports for the use of Farmers' Mutual 
Insurance companies, the sum of $500 per annum, or so much 
thereof as may be necessary. For making valuation of reserve 
insurance companies, the fees provided for by law and paid by 
such companies for such services, or so much thereof as may be 
necessary. All salaries to be payable upon monthly pay rolls, duly 
certitied by the Insurance Superintendent; and other items, except 
the last one, to be payable upon bills of particulars, certified to by 
the Insurance Superintendent with the approval of the Governor. 
For making valuation of reserve life insurance companies the 
Insurance Superintendent, with the approval of the Governor, is 
hereby authorized to use the sums collected for such purpose in 
the payment of the costs thereof, and include the same in. his 
annual report to the Governor. 

Fortieth — It shall be the duty of the Superintendent of Insurance 
to make a report on the first days of January and July of each 
year of amount collected by him, and shall pay over to the State 
Treasurer all funds on hand at the date of such report and take 
his receipt therefor. 

Forty- first — To the trustees of the Lincoln Homestead, for the 
salary of a custodian, the sum of $600 per annum; and for repairs 
and improvements, the sum of $150 per annum, to be expended by 
said trustees as provided in the act of 18S7 creating said trust. 

Forty-second — To the Illinois State' Historical Society, for the 
continuation, care and maintenance thereof, the sum of $1,(500 per 
annum, of which the sum of $(500 per annum shall be paid as a 
salary to the librarian, to be expended under the provisions and 
in tlie manner specified in the act of 1889 establishing said library. 

Forty-third — To the State Factory Inspectors, for salary of the 
State Factory Inspector, the sum of $1,500 per annum; for salary 
of the Assistant State Factory Inspector, the buin of $1,000 per 
annum; for salary ,of ten Deputy Factory Inspectors, the sum of 
$750 each per annum, for traveling and other legitimate expenses 
incurred by the inspectors in the performance of their duties, the 
sum of $4,000 per annum. 

Forty- fourth — The State Boaid of Examiners for Mine Inspect- 
ors and Mine Managers, for the per diem and expenses of 
the board in conducting examinati(ns as 'to the qualifications of 
those holding or desiri-rg pofciticns as maiagers of coal mines, ard 
of those desiring apf ointments as State inspectors of mines, the 
sum of $1,500 per annum, or sc^nuch thereof as may be neces- 
sary, payable upon proper vouclffi-s approved by the Governor. 



60 APPROPRIATIONS. 



Forty-fifth — To the Supreme Court Reporter, for messenger and 
janitor, the sum of $720 per annum, payable upon bills of 
particulars duly certified to by him and approved by the Governor. 

Forty-sixth — There is hereby appropriated oat of the money in 
the treasury not otherwise appropriated, the sum of $2,986.27, to 
pay Walter Kutlege, the sum of $490.65; to pay Thomas Hind- 
eon, the sum of $282.27; to pay James Freer, the sum of $365.30; 
to pay Quinten Clark, the sum of $739.63; to pay John G. Mas- 
sie, the sum of $538.45; to pay Thomas 8. Cummings, the sum of 
$75.15; to pay Edward Fellows, the sum of $78.95; to pay James 
A. Keating, the sum of $80.31; to pay John Keav, the sum of 
$49.68; to pay Hugh J. Hughes, the sum of $207.87; and to pay 
to the heirs at law of Elisha Beadle, deceased, the sum of $78.01; 
the sums due each of them, respectively, for their actual and nec- 
essary traveling expenses while in the discharge of their public 
duties as State Inspectors of Coal Mines. For the payment of 
traveling expenses of State Mine luspeotors to July 1, 1895, the 
sum of $1,000, to be paid upon certificates, as provided by law. 

Forty-seventh — There is hereby appropriated out of the canal, 
fund the sum of $2,000 to be used by the canal commissioners in 
repairing the outlet of the canal connecting Spring Lake with the 
Illinois River at Copperas Creek dam, in Tazewell county, Illinois, 
said sum to be evidenced by bills of particulars, duly certified to 
by the commissioners. 

Forty-seven and a half — To E. L. Merritt and J. W. Drary, 
each, the sum of twenty-five dollars and forty cents, for balance 
due them for services rendered under a joint resolution of the 
Thirty- eighth General Assembly. 

Forty-eighth — To Greeley Carleson & Company, surveyors, cost 
incurred in the case of the People ex rel. Attorney General v. Lin- 
coln Park Commissioners et al., the sum of seventy-five (75) 
dollars. To E. B. Whinnan, master-in-chancery, for taking testi- 
mony in the cause of the People of the State of Illinois v. Illi- 
nois Central Railroad Company, as directed by the Supreme 
Court of the United States, the sum of three hundred and eighty- 
seven dollars and twenty cents ($387.20). To Charles Mills Rog- 
ers, master-m-chancery, for ' taking testimony in the case of the 
People of the State of Illinois v. Elizabeth Cooling et al., the 
sum of four hundred and fifty dollars ($450). To John R. 
O'Connor, stenographer, for taking testimony in the case of the 
People of the State of Illinois v. Elizabeth Cooling et al., the 
sum of eight hundred dollars ($800). To Thomas Taylor, Jr., 
master-in-chancery, for taking testimony in the case of the People 
of the State of Illinois v. Continental Investment and Loan So- 
ciety, the sum of ^ix hundred dollars ($600), To C. C. Walker, 
stenographer, for taking said testimony in the case of the People 
of the State of Illinois v. Continental Investment and Loan So- 
cie'-.y, the sum of six hundred dollars ($600). 



APPROrRIATIONS. OL 



Forty-ninth — The Auditor of Public Accounts is hereby author- 
ized and directed to draw warrants on the State Treasurer for 
the sums herein specified, upon the presentation of proper vouch- 
ers; all sums herein appropriated for the pay of clerks, secreta- 
ries, porters, messengers, janitors, watchmeu, policemen, laborers, 
engineers, firemen, stenographers, curators and librarians shall, 
when not otherwise provided by law, be paid upon monthly pay- 
rolls, duly certified to, respectively, by the heads of departments, 
bureaus or boards of commissioners and trustees requiring the 
services of such employes; and the State Treasurer shall pay the 
same out of the proper funds in the treasury not otherwise ap- 
propriated. Said warrants shall be drawn in favor of and payable 
to the order of the persons entitled thereto. 

Approved June 15, 1895. 



STATE GOVERNMENT OFFICERS AND 40TH GENERAL ASSEMBLY. 

§ 1. Appropriates $892,000, or so much thereof as may be necessary, to pay the officers of the 
State Government and the next General Assembly. 

An Act making an appropriation for the payment of the officers 
and members of the next General Assembly, and for the sala- 
ries of the officers of the State Gover7iment. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That there be and hereby 
is appropriated the sum of eight hundred and ninety-two thousand 
dollars ($892,000), or such sum as may be necessary, to pay the 
officers and members of the next General Assembly, and the sal- 
aries of the officers of the State Government, at such rate of 
compensation as is now, or hereafter may be, fixed by law, until 
the expiration of the first fiscal quarter after the adjournment of 
the next regular session of the General Assembly. 

Approved June 15, 1895. 



STATUTORY REVISION COMMISSION. 

§ 1. Appropriates iflOjOOO for services of mejn- § 2. Emergency, 
bers, $2,000 for services of Alex J. 
Jones, and $185 each for services of H. 
R. Mitchell and J. McCann Davis— How 
drawn. 

An Act making an aj)propriation to defray the expenses of the 
Joint Commission on Statutory Revision of the Thirty-Eighth 
General Assembly. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the following 
sums be and are hereby appropriated out of any funds in the 
State Treasury not otherwise appropriated for the purpose of pay- 



APPROPRIATIONS. 62 



ing the members, clerk hire and expenses of the Joint Commis- 
sion of the Senate and House of Representatives known as the 
Joint Commission on Statutory Revision, for services rendered 
and expenses incurred prior to the meeting of the Thirty-ninth 
General Assembly: For services of the members of said Joint 
Commission, ten thousand dollars ($10,000). For the services of 
Alex. J. Jones, stenographer and secretary, two thousand dollars 
($2,000). For services of H. E. Mitchell and J. McCann Davie, 
as proof readers, one hundred and eighty-five dollars ($185) each. 
The several sums of monej^ hereby appropriated shall be paid by 
the State Treasurer upon warrants drawn by the Auditor of Public 
Accounts upon vouchers certified to by the chairman of the Joint 
Commission on Statutory Revision. The foregoing appropriations 
are made in full payment for the services of the members com- 
posing the aforesaid joint commission and in full payment for the 
services of the stenographer and secretary of said commission, 
and proof reading, and it is hereby declared that said joint com- 
mission be dissolved. 

§ 2, Whereas, the sums of money appropriated in the first 
section of this act are necessary for the payment of the services 
and expenses incurred, therefore, an emergency exists, and this 
act shall take effect and be in force from and after its passage. 



Approved May 24, 1895. 



E. P. SUMMERS. 



§ 1. Appropriates to E. P. Summers .fl83, com- I § 2. How drawn, 
pensation for material furnished. I 

An Act making an appropriation for the relief of E. P. Summers. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in tlie General Assembly: That the sum of 
one hundred and eighty- three (183) dollars is hereby appropri- 
ated out of any .money in the State Treasury not otherwise appro- 
priated, for the relief of E. P. Summers, as a fair and just com- 
pensation for lumber furnished by him, and used by the State at 
the Illinois State Reformatory, at Pontiac. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the State Treasurer for said sum 
of one hundred and eighty- three (183) dollars hereby appropri- 
ated, payable to said E. P. Summers, or his order, in full satis- 
faction of said claim; the same to be paid out of the moneys 
heretofore appropriated by an act to make an appropriation for 
expenses of the Illinois State Reformatory at Pontiac, approved 
and in force May 11, 1895. 

Approved June 15, 1893'. 



APPROPRIATIONS. 



EASTEUN ILLINOIS STATE XOK-MAL SCHOOL. 
§ 11 



§ 1. The Eastern Illinois State Nornal School 
created. 

§ 2. Object. 

§ 3. Corporate powers vested in board of five 
trustees. 

§ 4. Governor to appoint trustees— Term of 
office— Vacancy. 



First meeting— President, Seeretarj and 
Treasurer. 



S ti. Duties of Treasurer. 



§ 10. 



Interest in contract prohibited to trustee, 
officer, agent or employe. 

Accounts to be stated and settled annually 
with Auditor of Public Accounts — Re- 
port to Governor. 

Board to meet quarteily. 

Location of site. 



Contracts for and construction of build- 
ing.s — Appointment of Superintendent of 
Buildings. 

§ 12. Appointment of instructors and officers — 
Te.xt-books, apparatus, etc. 

§ 13. Each county entitled to gratuitous in- 
struction for two pupils; each represent- 
ative district to a number ei|ual to its 
representatives— How chosen. 

§ 14. Appropriates .1;.jO,OOD to erect buildings 
and for first year's instruction — How 
ilrawn. 

§ 15. Expense of building, improving, etc., 
fuel, furniture, etc., salaries, etc., to be 
a charge upon State Treasury ; all the 
expenses chargeable against pupils. 

§ 10. Expenses, after completion, if before 
next regular session General Assemblj, 
provided for. 

§ 17. Trustees to receive personal and travel- 
ng expenses. 



An [Act] to esiablish and mainiain ihe Eastern Illinois State 

Normal School. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assemhhi : That a body politic and 
corporate is hereby created, by the name of the Eastern Illinois 
State Normal School, to have perpetual succession, with power to 
contract and be contracted with, to sue and be sued, to plead and 
be impleaded, to receive by any legal mode or transfer or convey- 
ance property of any description, and to have and hold and enjoy 
the same; also to make and use a corporate seal with power to 
break or change the same, and adopt by-laws, rules and regula- 
tions for the government of its members, official agents and em- 
ployes: Provided, Such by-laws shall not conflict with the Con- 
stitution of the United States or of this State. 

§ 2. The object of the said Eastern Illinois State Normal 
School shall be to qualify teachers for the common schools of 
this state by imparting instruction in the art of teaching in all 
branches of study which pertain to a common school education, in 
the elements of the natural and of the physical sciences, in the 
fundamental laws of the United States and of the ^tate of Illi- 
nois, in regard to the rights and duties of citizens. 

§ 3. The powers of the said corporation shall be vested [in], and 
its duties performed by a board of trustees, not exceeding five in 
number, to be appointed as hereinafter provided. 

§ 4. Upon the passage of this act, the Governor shall nominate^ 
and by and with the advice of the Senate, appoint five citizens who 
shall be residents of the State outside of the territory within 
which this school is to be erected, as trustees of said institution. 



64 APPROPRIATIONS. 



iwo of whom shall serve for two years, and three for four years, 
and until their successors are appointed and enter on duty; and 
successors in each class shall be appointed in like manner for four 
years: Provided, that in case of a vacancy by death or other- 
wise, the Governor shall appoint a successor for the remainder of 
the term vacated: Provided, that no two members of said board 
shall be residents of any one county, or in one senatorial district. 
The Superintendent of Public Instruction shall be a trustee of 
said school, ex-officio. 

§ 5. The said trustees shall hold their first meeting at 

within one month from the time this act goes into effect, 

at which meeting they shall elect one of their body as president 
and another as secretary, and cause a regular record to be made 
and kept of all their proceedings. The said board shall also, 
whenever his services shall be required, appoint a treasurer, not 
a member of the board, who shall give bonds to the People of 
the Slate of Illinois in double the amount of the largest sum 
likely to come into his hands, the penalty to be fixed by the 
board, conditioned for the faithful discharge of his duties as treas- 
urer, with two or more securities; the treasurer may also be re- 
quired to execute bonds from time to time as the board may 
direct.. 

§ 6. The treasurer shall keep an accurate account of all moneys 
received and paid out; the account for articles and supplies of every 
kind purchased shall be kept and reported, so as to show the 
kind, quantity and cost thereof. 

§ 7. No member, officer, agent or employe of the board shall 
be a party to or interested in any contract for materials or sup- 
plies. 

§ 8. Accounts of this institution shall be stated and settled 
annually with the Auditor of Public Accounts, or with such per- 
son or persons as may be designated by law for that purpose. 
And the trustees shall, ten days previous to each regular session 
of the General Assembly, submit to the Governor a report of all 
their actions and proceedings in the execution of their trust, with 
a statement of all accounts connected therewith, to be by the Gov- 
-ernor laid before the General Assembly. 

§ 9. The said board shall meet quarterly, at such place or 
places as may be agreed on, and, until the buildings are com- 
pleted, as much oftener as may be necessary, and thereafter the 
meetings shall be at the school. 

§ 10. The trustees shall, as soon as practicable after their 
appointment, arrange to receive from the localities desiring to 
secure the location of said school, proposals for donation of a 
site, of not less than forty acres of ground, and other valuable 
considerations, and shall locate the same in the place offering the 
most advantageous conditions, all things considered, in that por- 
tion of the State, lying north of the Baltimore & Ohio South- 



APPROPRIATIONS. , 65 



wesiern Railroad, aucl south of the Wabash Railway, and east of 
the main line of the Illinois Central Railroad, and the counties 
through which said roads run, with a view of obtaining a good 
water supply and other conveniences for the use of the institution. 

§ 11. Upon the selection and securing of the land aforesaid, 
the trustees shall proceed to secure plans, and to contract for the 
erection of buildings in which to furnish educational facilities for 
such number of students as hereinafter provided for, together 
with the outhouses required for use, also for the improvement of 
the land so as to make it available for the use of the institution. 
The buildings shall not be more than two stories in height, and 
be constructed upon the most approved plans for use, and shall 
be of sufficient capacity to accommodate not less than one thou- 
sand students, with the officers and necessary attendants. The 
outside walls to be of hewn stone or brick, partition walls of 
brick, or equally good fire proof material, roof of slate, and the 
whole buildings made fire-resisting, and so constructed as to be 
warmed in the most healthful and economical manner, with ample 
ventilation in all its parts. The outhouses shall be so placed and 
constructed as to avoid all danger to the main buildings from fire 
originating in any one of them. The board shall appoint a trust- 
worthy and competent superintendent of the buildings and 
improvements aforesaid, whose duty it shall be to be always present 
during the progress of the work, and see that every brick, stone 
and piece of timber used is sound and properly placed, and whose 
right it shall be to require contractors and their employes to con- 
form to his directions in executing their contracts: Provided, 
however, that said board of trustees shall not appoint any one of 
their number such superintendent: And, provided, further, that 
the buildings aforesaid may be erected and improvements made 
under the direction of the board and superintendent, without let- 
ting the same to contractors. 

§ 12. The said board of trustees shall appoint instructors, 
together with such other officers as may be required in the said 
normal schools, fix their respective salaries and prescribe tbeir sev- 
eral duties. They shall also have power to remove any of them 
for proper cause after having given ten days notice of any charge 
which may be duly presented, and reasonable opportunity of 
defense. They shall also prescribe the text-books, apparatus and 
furniture to be used in the school and provide the same, and shall 
make all regulations necessary for this management. 

§ 13. All the counties of the State shall be entitled to gratui- 
tous instructions for t^o pupils for each county in said normal 
school, and each representative district shall be entitled to g-atui- 
tous instructions for a number of pupils equal the number of rep- 
resentatives iu said district, to be chosen in the following man- 
ner: The superintendent of schools in each county shall receive 
and register the names of all applicants for admission in said nor- 
mal school, and shall present the same to the county court, or, in 
counties acting under township organization, to the board of super- 
—5. 



66 APPROPRIATIONS. 



visors, as the case may be, shall together with the superinten- 
dent of schools, examine all applicants so presented, in such man- 
ner as the board of trustees may direct, and from the number of 
such as shall be found to possess the requisite qualifications, such 
pupils shall be selected by lot, and in representative districts 
composed of more than one county, the superintendent of schools 
and county judge, or the superintendent of schools and the chair- 
man of the board of supervisors in counties acting under town- 
ship organization, as the case may be, of the several counties 
composing such representative district, shall meet at the clerk's 
office of the county court of the oldest county, and from the appli- 
cants so presented to the county court or board of supervisors of 
the several counties represented, and found to possess the 
requisite qualifications, shall select by lot the pupils to which 
said district is entitled. The board of trustees shaU have discre- 
tionary power, if any candidate does not sign and file with the 
secretary of the board a declaration that he or she will teach in 
the public schools within the State not less than three years, in 
case that engagements can be secured by reasonable efforts, to 
require the candidate to provide for the payment of such fees for 
tuition as the board may prescribe. 

§ 14. To enable the board of trustees to erect the buildings 
and make the improvements preparatory to the reception of pupils 
in said institution, to supply the necessary furniture for the same, 
and for the first year's instruction, the sum of fifty thousand dol- 
lars is hereby appropriated out of the State Treasury, payable on 
the orders of said board, as required for use, in sums not exceed- 
ing ten thousand dollars per month, the first payment to be made 
on the first day of July, 1896, and subsequent payments shall be 
accompanied by an account sustained by vouchers, showing to the 
satisfaction of the Auditor and with the approval of the Gover- 
nor, the expenditure of the previous payment. 

§ 15. The expense of the building, improving, repairing and 
supplying fuel and furniture and the necessary appliances and 
apparatus for conducting said school, and the salaries or compen- 
sation of the trustees, superintendent, assistants, agents, and em- 
ployes, shall be a charge upon the State Treasury; all other 
expenses shall be chargeable against pupils, and the trustees shall 
regulate the charges accordingly. 

§ 16. If the buildings and improvements herein provided for 
shall be ready for the reception of pupils before the next regular 
session of the General Assembly, the Governor is authorized to 
make orders on the Auditor, directing him to issue warrants at 
the end of each quarter of the fiscal year for amounts sufficient 
to pay expenses chargeable against the State out of the above 
named appropriation of fifty thousand dollars, and the Auditor 
shall issue warrants accordingly, which shall be paid by the 
Treasurer. 

§ 17. The trustees of the institution shall receive their per- 
sonal and traveling expenses, and the Auditor is hereby autho- 



APPROPRIATIONS. 



67 



rized to issue warrants quarterly, upon taking the affidavit of the 
trustees as to the actual time employed, and their personal and 
traveling expenses. 

Approved May 22, 1895. 



"UNIVERSITIES, ILLINOIS. 



1. Appropriates to the University of Illinois 
the following sums: 

For taxes accruing in 1894—5 on lands 
owned by the State in Minnesota, 
$1,600 per annum. 

For salaries, repairs, operating ex- 
penses, etc., $90,000 per annum. 

For addition to libraries, $3,000 per 
* annum. 

For addition to apparatus and ap- 
pliances, $3,000 per annum. 

For material for shop practice, $1,500 
per annum. 

For increase of scientific cabinets, 
etc., $1,000 per annum. 

For completing engineering Hall, 

$5,000. 



For extending the equipment of the 
college of engineering, $30,000. 

For improving the chemical laboror 
tory, $5,000. 

For a laboratory for vegetable physi- 
ology, $2,000. 

For fire protection, $2,000. 

For biological experiment station, 
$2,500, and for half of the operating 
expenses of the same, $1,500 per 
annum. 

For library building, etc., §150,000. 

For astronomical observatory, $15,000 , 

For paving streets and walks, $9,300. 

3. How drawn. 



An Act making appropriations for the University of Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That there be and is hereby 
appropriated to the University of Illinois, for the payment of 
taxes accruing in the year 1894 and 1895 on lands owned by the 
State, in the State of Minnesota, and held for the use of said 
university, the sum of sixteen hundred (1,600) dollars per annum. 

For payment of salaries, for the maintenance and repairs of 
buildings, the care of grounds, and ordinary operating expenses, 
ninety thousand (90,000) dollars per annum. 

For addition to the libraries, three thousand (3,000) dollars per 
annum. 

For addition to apparatus and appliances, three thousand (3,000) 
dollars per annum. 

For material for shop practice, one thousand five hundred (1,500) 
dollars per annum. 

For increase of scientific cabinets and collections, one thousand 
(1,000) dollars per annum. 

For completing the fitting and furnishing of engineering hall, 
five thousand (5,000) dollars. 

For extending the equipment of the college of engineering and 
for changing and housing machinery, thirty thousand (30,000) 
dollars. 



€8 APPKOPEIATIONS. 



For improvement in the chemical laboratory, five thousand 
(5,000) dollars. 

For a laboratory for vegetable physiology, two thousand (2,000) 
dollars. 

For equipment and material for fire protection, two thousand 
(2,000) dollars. 

For a small temporary building and equipment for work of the 
biological experiment station on the Illinois river, two thousand 
five hundred (2,500) dollai's, and for half the operating expenses 
of said station, fifteen hundred (1,500) dollars per annum. 

For the erection of a library building arid to provide safe ac- 
commodations for the art, industrial and zoological collections, 
ODe hundred and fifty thousand (150,000) dollars. 

For an astronomical observatory and equipment, fifteen thousand 
(15,000) dollars. 

For paving streets and laying walks, nine thousand three hun- 
dred (9,300) dollars. 

§ 2. The Auditor of Public Accounts is hereby authorized 
and directed to draw his warrant on the Treasurer for the sums 
hereby appropriated, payable out of any money in the treasury 
not otherwise appropriated, upon the order of the board of trustees 
of said university, attested by its secretary and with the corporate 
real of the university: Provided, that no part of said sum shall 
be due and payable to said university undl satisfactory vouchers 
in detail, approved by the Governor, shall be filed with the 
Auditor for all previous expenditures incurred by the university 
on account of the appropriation heretofore made: And, provided 
farther, that vouchers shall be taken in duplicate, and original or 
duplicate vouchers shall be forwarded to the Auditor of Public 
Accounts for the expenditure of the sums appropriated in this act. 

Appkoved June 7, 1895. 



UNIVERSITIES, ILLINOIS. 

§ 1. Appropriates to the University of Illinois 1 § 2. How drawn, 
tbe moneys due from the United States 
and accruing under the act of 1S90. 

An Act appropriating to the University of Illinois the money 
granted in an act of Congress approved August 30, 1890, entitled 
"An act to apply a portion of the proceeds of the public lands 
to the more perfect endowment and support of the colleges for 
the benefit of agriculture and the mechanic arts, established 
under the provisions of an act of Congress, approved July 2, 
186 2:' 

Section 1. Be it enacted by the People of the Stale of Illinois, 
represented in the General Assembly: That the sum or sums of 
mon^y which may have accrued or may hereafter, before the first 
day of July, 1897, accrue to the State of Illinois under the pro- 



APPROPllIATIONS. 



6^ 



visioDS of an act of the Congress of the United States, approved 
August 30, 1890, entitled "An act to apply a portion of the pro- 
ceeds of public lands to the more perfect endowment and support 
of the colleges for the benefit of agriculture and the mechanic 
arts, established under the provisions of an act of Congress, np- 
proved July 2, 1862," are hereby appropriated to the University 
of Illinois, and whenever any portion of the said money shall be 
received by the State Treasurer, it shall immediately be due and 
payable into the treasury of the said university. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the treasurer for the sums hereby 
appropriated upon the order of the president of the board of 
trustees of said university, countersigned by its secretary and with 
the corporate seal of the said university. 

Approved June 13, 1895. 



NORTHERN STATE NORMAL SCHOOL. 



$ 1. The Northern Illinois State Normal School 
created. 

§ 2. Object. 

§ 3. Corporate powers vested in a board of five 
trustees. 

§ 4. Governor to appoint trustees — Term of 
office— Vacancy. 

§ 5. First meeting — President, Secretary and 
Treastirer. 

I 6. Duties of Treasurer. 

§ 7. Interest in contracts, prohibited to trus- 
tees, officer, agent or employe. 

§ 8. Accounts to be stated and settled an- 
nually with Auditor of Public Accounts 
— Report to Governor. 

§ 9. Board to meet quarterly. 

? 10. Location of site. 



§ 11. Contracts for and erection of buildlnffs — 
Appointment of Superintendent of 
Buildings. 

§ 12. Appointmentof instructors and officers— 
Textbooks, apparatus, etc. 

§ 13. Each county entitled to gratuitous in- 
struction for two pupils; each represent- 
ative district to a number equal To its 
representatives— How chosen. 

§ 14. Appropriates $50,000 to erect buildings 
and for first year's instruction— How 
drartvn. 

§ 15. Expense of building, improving, etc., 
fuel, furniture, etc., salaries, etc., to be 
a charae upon State Treasury ; all the 
expenses chargeable against pupils. 

§ 16. Expenses after completion, if before next 
regular session General Assembly, pro- 
vided for. 



17. Trustees to receive personal and travel- 
ing expenses. 

An Act to establish and to maintain the Northern Illinois State 

Normal School. 

Section 1. Be it enacted hy the People of the State of Illi- 
nois, represented in the General Assembly. That a body politic 
and corporate is hereby created, by the name of the Northern 
Illinois State Normal School, to have perpetual succession, with 
power to contract and be contracted with, to sue and be sued, to 
plead and be impleaded, to receive by any legal mode or transfer 
or conveyance property of any description, and to have and hold 
and enjoy the same; also to make and use a corporate seal with 
power to break or change the same, and adopt by-laws, rules and 



70 APPEOPKIATIONS. 



regulations for the government of its members, official agents and 
employes: Provided, Sucli by-laws shall not conflict with the 
Constitution of the United States or of this State. 

§ 2. The object of the said Northern Illinois State Normal 
School shall be to qualify teachers for the common schools of 
this State by imparting instruction in the art of teaching in all 
branches of study which pertain to a common school education, in 
the elements of the natural and of the physical sciences, in the 
fundamental laws of the United States and of the State of Illinois, 
in regard to the rights and duties of citizens. 

§ 8. The powers of the said corporation shall be vested and its 
duties performed by a board of trustees, not exceeding five in 
number, to be appointed as hereinafter provided. 

§ 4. Upon the passage of this act the Governor shall nominate 
and, by and with the advice of the Senate, appoint five citizens 
of the State as trustees of said institution, two of whom shall 
serve for two years, and three for four years, and until their suc- 
cessors are appointed and enter on duty, and successors in each 
class shall be appointed in like manner for four years: Provided, 
that in case of a vacancy by death or otherwise, the Governor 
shall appoint a successor for the remainder of the term vacated: 
Provided, that no two members of said board shall be residents 
of any one county, or in one congressional district. The Saper- 
intendent of Public Instruction shall be a trustee of this school, 
ex-officio. 

§ 5. The said trustees shall hold their first meeting at 

within one month from the time this act goes into effect, 

at which meeting they shall elect one of their body as president 
and another as secretary; and cause a regular record to be made 
and kept of all their proceedings. The said board shall, also, 
whenever his services shall be required, appoint a treasurer, not 
a member of the board, who shall give bonds to the People of 
the State of Illinois in double the amount of the largest sum 
likely to come into his hands, the penalty to be fixed by the 
board, conditioned for the faithful discharge of his duties as treas- 
urer, with two or more securities; the treasurer may also be re- 
quired to execute bonds from time to time as the board may 
direct. 

§ 6. The treasurer shall keep an accurate account of all moneys 
received and paid out; the account for articles and supplies of 
every kind purchased shall be kept and reported, so as to show 
the kind, quantity and cost thereof. 

§ 7. No member, officer, agent or employ^ of the board shall 
be a party to or interested in any contract for materials or sup- 
plies. 

§ 8. Accounts of this institution shall be stated and settled 
annually with the Auditor of Public Accounts, or with such per- 
son or persons as may be designated by law for that purpose. 



APPEOPEIATIONS. 71 



And the trustees shall, ten days previous to each regular session 
of the General Assembly, submit to the Governor a report of all 
their actions and proceedings in the execution of their trust, with 
a statement of all accounts connected therewith, to be by the 
Governor laid before the General Assembly. 

§ 9. The said board shall meet quarterly at such place or 
places as may be agreed on, and, until the buildings are com- 
pleted, as much oftener as may be necessary, and thereafter the 
meetings shall be at the school. 

§ 10. The trustees shall, as soon as practicable after their 
appointment, arrange to receive from the localities desiring to 
secure the location of said school, proposals for the donation of a 
site, of not less than forty acres of ground, and other valuable 
considerations, and shall locate the same in the place offering the 
most advantageous conditions, all things considered, as nearly cen- 
tral as possible in that portion of the State, lying north of the 
main line of the C, R. I. & P. B. R. with a view of obtaining a 
good water supply and other conveniences for the use of the 
institution. 

§ 11. Upon the selection and securing of the land aforesaid, 
the trustees shall proceed to secure plans, and to contract for the 
erection of buildings in which to furnish educational facilities for 
such number of students as hereinafter provided for, together 
with the outhouses required for use, also for the improvement of 
the land so as to make it available for the use of the institution. 
The buildings shall not be more than two stories in height, and 
be constructed upon the most approved plan for use, and shall be 
of sufficient capacity to accommodate not less than one thousand 
students, with the officers and necessary attendants. The outside 
walls to be of hewn stone or brick, partition walls of brick, or 
equally good fireproof material, roof of -late, and the whole build- 
ings made fire-resisting, and so constructed as to be warmed in 
the most healthful and economical manner, with ample ventilation 
in all its parts. The outhouses shall be so placed and constructed 
as to avoid all danger to the main buildings from fire originat- 
ing in any one of them. The board shall appoint a trustworthy 
and competent superintendent of the buildings and improvements 
aforesaid, whose duty it shall be to be always present during the 
progress of the work, and see that every brick, stone and piece 
of timber used is sound and properly placed, and whose right it 
shall be to require contractors and their employes to conform to 
his directions in executing their contracts: Provided, however, 
that said board of trustees shall not appoint any one of their 
number such superintendent: And, provided, further, that the 
buildings aforesaid may be erected and improvements made under 
the direction of the board and superintendent, without letting the 
same to contractors. 

§ 12. The said board of trustees shall appoint instructors, 
together with such other officers as may be required in the said 



72 APPROPRIATIONS. 



normal school, fix their reapective salaries and prescribe their sev- 
eral duties. They shall also have power to remove any of them 
for proper cause after having given ten days notice of any charge 
which may be duly presented, and reasonable opportunity of 
defense. They shall also prescribe the text-books, apparatus and 
furniture to be used in the school and provide the same, and 
shall make all regulations necessary for this management. 

§ 13. All the counties of the State shall be entitled to gratui- 
tous instruction for two pupils for each county in said normal 
school, and each representative district shall be entitled to gratui- 
tou3 instruction for a number of pupils equal to the number of 
representatives in said district, to be chosen in the following 
manner: The superintendent of schools in each county shall 
receive and register the names of all applicants for admission in 
said normal school, and shall present the same to the county court, 
or, ill counties acting under township organization, to the board 
of supervisors, as the case may be, shall, together with the sup- 
erintendent of schools, examine all applicants so presented, in 
such manner as the board of trustees may direct, and from the 
number of such as sha]l be found to possess the requisite quali- 
fications, such pupils shall be selected by lot, and in representa- 
tive districts composed of more than one county, the superinten- 
dent of schools and county judge, or the superintendent of schools 
and the chairman of the board of supervisors in counties acting 
under township organization, as the case may be, of the several 
counties composing such representative district, shall meet at the 
clerk's office of the county court of the oldest county, and from 
the applicants so presented to the county court or board of sup- 
ervisors of the several counties represented, and found to possess 
the requisite qualifications, shall select by lot the pupils to which 
said district is entitled. The board of trustees shall have discre- 
tionary power, if anj^ candidate does not sign and file with the 
secretary of the board a declaration that he or she will teach in 
the public schools within the State not less than three years, in 
case that engagements can be secured by reasonable efforts, to 
require the candidate to provide for the payment of such fees for 
tuition as the board may prescribe. 

§ 14. To enable the board of trustees to erect the buildings 
and to make the improvements preparatory to the reception of 
pupils in said institution, to supply the necessary furniture for 
the same, and for the first year's instruction, the sum of fifty 
thousand dollars is hereby appropriated out of the State Treas- 
ury, payable on the orders of said board, as required for use, in 
sums not exceeding ten thousand dollars per month. The first 
payment to be made on the first day of July, 1896, and subse- 
quent payments shall be accompanied by an account sustained by 
vouchers, showing to the satisfaction of the Auditor, the expendi- 
ture of the previous payment, and approved by the Governor. 



ArPROPRIATIOXH. 



§ 15. The expense of the building, improving, repairing and 
supplying fuel antl furniture and the necessary appliances and 
apparatus for conducting said school, and the salaries or compen- 
sation of the trustees, superintendent, assistants, agents and em- 
ployes shall be a charge upon the State Treasury; all other expenses 
shall be chargeable against pupils, and the trustees shall regu- 
late the charges accordingly. 

§ 16. If the buildings and improvements herein provided for 
shall be ready for the reception of pupils before the next regu- 
lar session of the General Assembly, the Governor is authorized 
to make orders on the Auditor, directing him to issue warrants at 
the end of each quarter of the fiscal year for amounts pufficient 
to pay expenses chargeable against the State out of the above 
named appropriation of fifty thousand dollars, and the Auditor 
shall issue warrants accordingly, which shall be paid by the 
Treasurer. 

§ 17. The trustees of this institution shall receive their per- 
sonal and traveling expenses, and the Auditor is hereby author- 
ized to issue warrants c[uarterly, upon taking the affidavit of the 
trustees as to the actual time employed, and their personal and 
traveling expenses. 

Approved May 22, 1895. 



UNIVERSITIES, SOUTHERN NORMAL. 



§ 6. Contract to be signed in triplicate by 
president of trustees attested by secre- 
tary, under seal. 

I 7. Bids to estimate cost in detail — Trustees 
may accept bids for particular portion& 
of work. 

§ 8. Appropriation— How drawn— Not avail- 
able until July 1, 1896. 

I 9. No trustee or officer to be interested in 
contract— Penalty. 



§ 1. Appropriates ,'i;40,000 to erect u building 
suitable for library, museum, labora- 
tory and class rooms at the Southern 
Normal University. 

§ 3. Trustees to procure plans and specifica- 
tions, subject to Governor's approval. 

§ 3. Advertisement for bids 

§ 4. Oppning bids — .i warding contract— Bond. 

§ 5. Contract to be accompanied by bond, ap- 
proved by Governor- Superintendent of 
construction— Payment of contractor — 
Disputes to be settled by arbitration — 
Limitation of State's liability. 

An Act to make an appropriation for the construction of a suit- 
able building for the library, museum, laboratory and class 
rooms for the Southern Normal University, at Carbondale, 
Illinois. 

Section. 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly. That the sum of forty 
thousand dollars be, and the same is, hereby appropriated to the 
Southern Illinois Normal University, for the purpose of erecting 
a suitable building to be used for library, museum, laboratory 
and class rooms. 



74 APPEOPEIATIONS. 



§ 2. Tlie said trustees are directed and required to cause to 
be prepared suitable plans and specifications by a competent 
architect (for which not more than one per cent, shall be allowed, 
payable in installments as the work progresses), which shall be 
submitted to the Governor for his approval, but no plans shall 
be adopted by the trustees which shall not first have been ap- 
proved by the Governor. Said plans shall be accompanied by 
specifications and by a detailed estimate of the amount, quality 
and description of all material and labor required for the erection 
and full completion of the building according to said plans. 

§ 3, Whenever the said plans and specifications shall have 
been approved and adopted, the trustees shall cause to be inserted 
in at least two of the daily or weekly newspapers in the cities of 
dhicago, Springfield ard the city of Carbondale, where the said 
university is located, an advertisement for sealed bids for the 
construction of the building herein authorized. And they shall 
furnish a printed copy of this act and of the specifications to all 
parties applying therefor, and all parties interested who may desire 
it shall have free and full access to the plans, with the privilege of 
taking notes and making memoranda. 

§ 4. Not less than thirty days after the publication of said 
proposals for bids, on a day and hour to be named in said ad- 
vertisement, in the office of the University, in the presence of 
the bidders, or so many of them as may be present, the bids re- 
ceived shall be opened for the first time, and the contract for 
building shall be let to the lowest and best bidder: Provided, 
that no contract shall be made and no expense incurred for build- 
ing, requiring for the completion of the same a greater expense 
than is provided for in the appropriation made in this act: And, 
jprovided further, that no bid shall be accepted which is not ac- 
companied by a good and sufficient bond in the penal sum of ten 
thousand dollars, signed by at least three good and sufficient se- 
curities, conditioned as a guarantee for the responsibility and 
good faith of the bidders, and that he will enter into contract 
and give bond as provided in this act, in case his bid is accepted. 

§ 5. The contract to be made with the successful bidder shall 
be accompanied by a good and sufficient bond, to be approved by 
the Governor, before accepted, conditioned for the faithful per- 
formance of his contract; shall provide for .the appointment of a 
superintendent of construction, who shall receive not more than 
five dollars per day for his services, and who shall carefully in- 
spect and accurately measure the work done and the materials upon 
the grounds at least once in every month, and for the payment 
of the contractor upon the aforesaid measurement, and for the 
withholding of fifteen per cent, of the value of the work done 
and materials on hand until the completion of the building, and 
for a forfeiture of a stipulated sum per diem for every day that 
the completion of the work shall be delayed after thie time speci- 
fied for its completion in the contract, and for the full protection 
of all persons who may furnish labor or materials, by withholding 



APPROPRIATIONS. /O 



payment from the contractor, and by paying the parties to whom 
any moneys are due for services or materials as aforesaid, directly 
for all work done or materials furnished by them in case of notice 
given to the trustees that any such party apprehends or fears that 
he will not receive all money due and for the settlement of all 
disputed questions as to the value of alterations and extras, 
by arbitration at the time of final settlement; as follows: 
One arbitrator to be chosen by the trustees, one by the con- 
tractor and one by the Governor of the State, all three of said 
arbitrators to be practical mechanics and builders, and for the 
power and privilege of the trustees under the contract to order 
changes in the plans at their discretion and to refuse to accept 
any work which may be done not fully in accordance with the 
letter and spirit of the plans and specifications, and all work not 
accepted shall be replaced at the expense of the contractor and 
for a deduction from the current price of all alterations ordered 
by the trustees, which may end do diminish the cost of the build- 
ing. They may also make such other provisions and conditions 
in the said contract not hereinabove specified as may be necessary 
or expedient: Provided, that no condition shall be inserted con- 
trary to the letter and spirit of this act, and that in no event, 
shall the State be liable for a greater amount of money than is 
appropriated for said building and its appurtenances. 

§ 6. The said contract shall be signed by the president of the 
board of trustees, on behalf of the board, after a vote authorizing 
him so to sign shall have been entered upon the minutes of the 
board, and it shall be attested by the signature of the secretary 
of the board and by the seal of the university. It shall be drawn 
in triplicate, and one copy of the same shall be deposited in the 
otfice of the Superintendent of Public Instruction of the State. 

§ 7. All bids shall show the estimated cost of the work to be 
done of each description, in detail, and the trustees shall have 
the right and power at their discretion to accept bids for par- 
ticular portions of the work, if for the advantage of the State, and 
all measurements and accounts as the work progresses, shall show 
in detail the amount and character of the work for which pay- 
ment is made. 

§ 8. The moneys herein appropriated shall be paid to the 
parties to whom they may become due and payable directly from 
the treasury of the State, on the warrant of the Auditor of Public 
Accounts; and the money due under this act, upon the order of 
the board of trustees accompanied by vouchers approved by the 
Governor as now provided by law, but no part of the moneys 
hereby appropriated shall be available until July 1, 1896. 

§ 9. No trustee or officer of the said institution shall be in 
any way interested in any contract for the erection of said build- 
ings, or furnishing any materials for said buildings, and if any 
such trustee or officer shall be so interested, he shall be deemed 
guilty of a misdemeanor and on conviction be fined in any sum 
not exceeding five thousand dollars. 

Approved June 7, 1895. 



76 APPKOPitlATIONS. 



UNIVERSITIES, SOUTHERN NORMAL. 

§ 1. Appropriates to the Southern Normal § 2. How drawn. 
University one-half of 'he interest on 
the coIlej?e and seminary fund— $22,- 
116.44 per annum for ordinary expenses. 

An Act to make an ax)propriation for the ordinary expenses of 
the Southern Illinois Normal University at Carhondale. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That there be and 
there is hereby appropriated to the Southern Illinois Normal 
University at Carhondale, in addition to one-half of the interest 
on the college and seminary fund which is hereby appropriated, 
the farther sum of $22,116.44 per annum payable quarterly in 
advance, for the payment of salaries o£ teachers, for the purchase 
of fuel, for repairs, for additions to the library, for the school ap- 
paratus, for the museum, for salary of engineer and jauitor, for 
care of grounds, and for the expenses of the board of trustees of 
said university. 

§ 2. The Auditor of Public Accounts is hereby authorized aud 
required to draw his warrant upon the State Treasurer for said 
sums, quarterly as aforesaid, upon the order of the trustees of the 
said Southern Illinois Normal University, signed by their presi- 
dent and attested by their secretary, with the corporate seal 
attached: Provided, that satisfactory vouchers in detail approved 
by the Governor, shall be filed quarterly with the said Auditor of 
Public Accounts for all expenses of the preceding quarter, and no 
part of the money hereby appropriated shall be due and payable 
until such vouchers shall have been filed. 

Approved June 7, 1895. 



UNIVERSITIES, STATE N0R3IAL. 

§ 1. Appropriates $40, OOf) for new building at I § 2. How drawn. 
the State Normal University. 

An Act making an appropriation for the Illinois State Normal 

University. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of forty 
thousand (40,000) dollars be and the same is hereby appropriated 
to the Illinois State Normal University for the purpose of erect- 
ing a suitable building to be used for physical training and for 
the literary societies of the said institution, and for the purpose 
of heating and suitably equipping the same. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
required to draw hi? warrant upon the Treasurer for the aforesaid 
sum of money, upon the order of the Board of Education of the 
State of Illinois, signed by the president aud attested by the 
secretary of said board with corporate seal of said institutior. 

Approved June 15, 1895. 



APPUOriilATlONS. 77 



UNrVEKSITIES, STATE NORMAL. 

^ I. Appropriates to th ; State Normal (-'ni- | 2. How dtawn. 
versit.v, in addition to one-half of the 
iutei-ent of the college and seminary 
funds, $.!8,50fi.44 per anunm for ordi- 
nary and other expenses; and for re- 
newing heating jdant, !t;7,000. 

An Act to make an aiypropriatlon for ihe ordinary and other ex- 
penses of the Illinois State Normal University. 

Section 1. Be it enacted t)y the People of ihe State of Illi- 
nois, represented in the (jreneral Assembly:. That there be, and 
hereby is, appropriated to the Illinois State Normal University, in 
addition to one-halE of the interest of the college and seminary 
funds which is hereby appropriated, the further sum of twenty- 
eight thousand five hundred six dollars and forty-four cents per 
annum, payable quarterly in advance, for the payment of salaries, 
for the expenses of the Board of Education, for repairs on build- 
inii;s and lieating plants, for the purchase of fuel, for additions to 
the library, for school apparatus, for furnituie, for laboratory sup- 
plies, for care of the grounds, and for incidental expenses: Pro- 
vided, that the expenses of the model school connected with and 
forming a part of said State Normal University shall be paid out 
of the receipts for tuition of pupils of said school and not from 
the above appropriation or any part thereof For renewing the 
heating plant of the main building and equipping said building 
with a thorough system of ventilation, the sum of seven thousand 
dollars. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
required to draw his warrant upon the Treasurer for the aforesaid 
sums of money, upon the order of the Board of Education of the 
State of Illiuois, sigaed by the president and attested by the 
secretary of said board with corporate seal of said institution: 
Provided, that satisfactory vouchers in detail, approved by the 
Governor, shall be filed quarterly with the Auditor of Public 
Accounts for the expenditures, ordinary and extraordinary, of the 
preceding quarter, and that no part of the money herein appro- 
priated shall be due and payable until such vouchers shall have 
been filed. 

Appeoved June 17, 18 )5. 



78 APPEOPRIATIONS. 



VACCINE LABORATORY. 



§ 3. Product to be furnished physicians and 
health oflBcers at cost. 

§ 4. Annual report. 



§ 1. Appropriates $3, 000 for the establishment 
of a vaccine laboratory in connection 
with the University of Illinois. 

§ 2. University trustees to manage the institu- 
tion and State Board of Health to 
supervise methods of propagation. 

An Act io establish a Vaccine Laboratory and making an appro- 
priation therefor. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That the sum of 
three thousand (3,000) dollars be hereby appropriated, out of 
funds not otherwise appropriated, for the purpose of establishing^, 
equipping and maintaining a laboratory in connection with the 
State University at Champaign, for the propagation of pure vac- 
cine virus. 

§ 2. That the Trustees of the said University shall have the 
management of said institution: Provided, however, that the State 
Board of Health shall exercise supervision of the methods of prop- 
agation, and shall certify to the purity of all products. 

§ 3. That the product of the vaccine laboratory shall be fur- 
nished all physicians and health officers, within the state, at the 
cost of propagation. 

§ 4. That a report of the management, together with a state- 
ment of the receipts and disbursements, be made and included in 
the annual report. 

Approved June 15, 1895. 



SAMUEL AVARREN. 

§ 1. Appropriates to Samuel Warren $3,000, I § 2. How drawn, 
damages for personal injuries. I 

An Act making an appropriation for the relief of Samuel Warren. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the sum of 
three thousand (3,000) dollars is hereby appropriated out of any 
money in the State Treasury not otherwise appropriated, for the 
relief of Samuel Warren, as the fair and just compensation with 
reference to the pecuniary damages sustained by him resulting 
from physical injuries inflicted upon him while stopping a runa- 
way passenger elevator in the State Capitol at Springfield, Illinois, 
in the month of February, 1893, in which elevator were three (3) 
small children unattended. Said injuries being permanent, and 
rendering him incapable of working. 



ATTACHMENTS— ATTORNEYS AND COUNSELORS. 79 



§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the State Treasurer for said sum 
of three tliousand (3,000) dollars hereby appropriated, payable to 
said Samuel Warren or to his order, in full satisfaction of said 
damages. 

Approved June 15, 1895. 



ATTACHMENTS. 



TO PERMIT THE SALE OF LIVE STOCK. 

§ 1, Permits sale of live stock levied upon in attachment suits. 

An Act to permit the sale of live stock levied upon in attach- 
ment suits. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That when any live stock 
is levied upon in any attachment proceeding in a court of record, 
the plaintiff may apply to the jndge of the court in which the 
suit is pending, in vacation or term time, for an order of sale 
thereof, and if it shall appear that the stock is fit for market, or 
that if not sold will depreciate in value, then the judge if in va- 
cation and the court if in term time shall order a sale of the 
property on such terms as shall seem proper, and the proceeds 
shall be deposited with the clerk of the court in which the suit 
is pending until determined, and then be paid to the successful party 
in said suit. 

Approved May 22, 1895. 



ATTOENEYS AND COUNSELORS. 



to prevent officials from practicing as attorneys at law. 

§ 1, Amends section 10 of the act of 1874 to prohibit justices, judges, clerks, county oflHcers, 
deputies, etc., from practicing. 

An Act to amend section ten {10) of "An act to revise the law 
in relation to attorneys and counselors" 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section ten (10) 
of an act entitled "An act to revise the law in relation to attor- 
neys and counselors," approved March 28, 1874, in force July 1, 
1874, be amended so as to read as follows: Section 10. No 
person who holds a commission as a justice of the Supreme Court 
of the State of Illinois or as a judge of any court of record in 
this State shall be permitted to practice as an attorney or coun- 
selor at law in the court in which he is commissioned or ap^ 



80 BAIL IX ClYIL CASES. 



pointed, nor shall any judge of any county or probate court be 
permitted to practice in the court of which he is CDmmissioned or 
appointed, and it shall be unlawful for any county judge, probate 
judge, county or probate clerk, or deputy county or probate clerk 
to make accounts, currents or reports for any executor, adoainis- 
trator, guardian or conserv^ator, in which said court shall have to 
act on judicially, nor shall any coroner, sheriff or deputy sheriff 
be permitted to practice as aforesaid in the county in which he is 
commissioned or appointed, nor shall any clerk or depvty clerk of 
a court of record be permitted to practice as an attorney or coun- 
selor at law in the court in which he is such clerk or deputy 
clerk, and no person shall be fjeimitted or suffered to enter his 
name on the roll or record, to be kept as aforesaid, by the clerk 
of the Supreme Court, or do any official act appertaining to the 
office of an attorney or couuselor at law, until he hath taken the 
oath hereinbefore reqaired; and the person administering such 
oath shall certify the same on the license, which certificate shall 
be a sufficient voucher to the clerk of the Supreme Court to 
enter or insert, or permit to be entered or inserted, on the roll of 
attorneys or counselors at law, the name of the person of whom 
such certificate is made. 

Approved June 17, 1895. 



BAIL IN CIYIL CASES. 



TO PREVENT FALSE SCHEDULES. 

§ 1. Bondsmen making false schedule guilty 1 § 2. Misrepresentation by bondsmen, f ei'jury 
of perjury— Penalty. I —Penalty. 

An Act io pi'event the making of jalse schedules for ihe puriwse 
of jusiifying as bondsmen in civil and crimincd cases. 

Section 1. Be it enacted by the people of the State of Illi- 
nois, represented in the Genercd Assembly: That any person or 
persons who may become surety or sureties upon any bond re- 
quired to be given in any civil or criminal case in any court in 
this State, who shall, before the making of such bond, willfully 
and corruptly represent, under oath, to the court or officer ruthor- 
ized to accept such bond, by a schedule or affidavit, or any other 
written instrument by them made, that he or she is the owner of 
certain real estate at a fixed value, when in fact such person or 
persons were not the owner or owners of said property mentioned 
in such schedule, affidavit or written representation as aforesaid, 
shall be deemed guilty of perjury and punished accordingly. 

§ 2. That any person or persons who mav become surety or 
sureties upon any bond recjuired to be given in any civil or crhn- 
inal case, in this Slate, who shall, before the making of such bond, 
willfully and corruptly rejDresent, under oath, to the court, or 



CEMETERIES— CHARITIES. 81 



officer authorized to accept such bond, that he or she is worth a 
certain sum of mo;iey, or is possessed of real and personal prop- 
erty worth a certain sum over and above all of his or her just 
debts and liabilities, when in fact such person or persons were 
not worth the sum so alleged, shall be deemed guilty of perjury, 
and punished accordingly. 
Approved June 21, 1895. 



. CEMETERIES. 

CEMETERY ASSOCIATIONS TO ACQUIRE ONLY NECESSARY LANDS. 

§ 1. Amends section 1, Act of 1891, providing § 2. Emergency, 
that cemetery associations shall acquire 
only lands necessary for burial pur- 
poses. 

An Act to amend section one of an act entitled ''An act in rela- 
tion to cemeteries,'' in force May 27, 1891. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly. That section one of 
an act entitled "An act in relation to cemeteries," in force May 
27, 1891, be, and the same is, hereby amended so as to read as 
follows: 

Section 1. That all cemetery asso3iations or companies incor- 
porated for cemetery purposes, by any general or special law 
of .this State, may acquire by purchase, gift or devise, and may 
hold, own and convey for burial purposes only, so much land as 
may be necessary for use as a cemetery or burial place for the 
dead. 

§ 2. Whereas, an emergency exists, therefore this act shall 
take effect, and be in force from and after its passage. 

Approved April 3, 1895. 



CHAEITIES. 



BOYS TRAINING SCHOOLS. 



§ 1. Amends the amended act of 1883 as fol- 
lows: 

§ 4. Eliminates restriction as to number of 
jurors. 



9. Alters provisions respecting support to 
be paid by counties. 

13. Eliminates provision prohibiting appro- 
priation by State. 



An Act to amend sections four (4), nine (9) and tliirteen (13) 
of ''An act to provide for and aid training schools for boys,'' 
ap)proved June 18, 1883, in force July 1, 1883, and as furtJier 
amended on June 23, 1885. 

[Section 1.] Be it enacted by the Peop)le of the State of 
Illinois, represented in the General Assembly : That sections 
four (4), nine (9) and thirteen (13) of an act entitled "An act 
to provide for and aid training schools for boys," be and are here- 
by amended to read as follows: 

Section 4. Upon the filing of such petition, the clerk of the court 
shall issue a writ to the sheriff of the county directing him to bring 
—6. 



82 CHARITIES. 



such boy before the court; to order a juiy of six to be summoned 
to ascertain whether such boy is dependent as alleged in said 
petition, and also to find if the other allegations are true, 
and if found to be such, they shall also find his age in 
their verdict; and when such boy shall be without counsel, it 
shall be the duty of the court to assign counsel for him; 
and if the jury shall find that the boy named in the peti- 
tion is a dependent boy, and that the other material facts 
set forth in the petition are true, and . if in the opinion of the 
judge he is a fit person to be sent to a training school for boys, 
the judge shall enter an order that such boy shall be committed 
to a training school for boys in the county, if there be such in 
the county; but if there be no such school in the county, then to 
any training school for boys elsewhere in the State, to be in such 
school kept and maintained until he shall arrive at the age of 
twenty-one years, unless sooner discharged therefrom in the man- 
ner hereinafter provided. Before the hearing aforesaid, notice 
shall be given to the parents or parent or guardian of the boy, if 
to be found in the county, and also to the chairman of the county 
board of the county, of the proceedings about to be instituted, 
and they may appear and resist the same. 

Section 9. For clothing, tuition, maintenance and care of depend- 
ent boys, the county from which they are sent shall pay the training 
school for boys to which they may be committed, as follows: For 
each dependent boy ten dollars ($10.00) per month. Provided, that 
no boy shall be committed whose age shall be over seventeen years; 
and upon the proper officer rendering proper accounts therefor, 
quarterly, the county board shall allow and order the same paid out 
of the county treasury: Provided, that no charge shall be made 
against any county, by any training school for boys on account of any 
dependent boy in the care thereof who shall have been by said 
school put out to trade or employment, or for adoption, after he 
shall "have been, and as long as he shall remain so put out. 

Section 13. All training schools for boys in this State, organized 
under this act, shall be subject to the same visitation, inspection 
and supervision of the Board of State Commissioners of Public 
Charities as the charitable institutions of the State. 

Approved March 28, 1895. 

INSANE IN SOLDIERS AND SAILOKS" HOME. 
§ 1. Insane members of the Soldiers and Sailors" Home may be committed to State hospitals. 

An Act for the treatment, care and maintenance of the insane of 
the Illinois Soldiers and Sailors' Home. 
Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That members of the 
Illinois SDldiers and Sailors' Home who are now insane, or who 
may hereafter become insane, may be committed to any of the 
State hospitals for insane persons, except the hopsital for the 
criminal insane, and that, being wards of the State, t'ley shall not 
be credited to any county, but to the State at large. 



CHARITIES. 



RELIEF TO INDIGENT WAR VETERANS. 

■§ 1. Construes term "Overseers of the Poor." §5. Bond of commander 

§ 2. Relief to indigent veterans— How provided 
— Duty of overseer. 



§ 6. Indigent soldiers, sailors and marines not 
to be sent to almshouses— Restrictions. 

§ 7. Lists of persons relieved. 
§ 8. Annual report. 



^ 3. When no G. A. R. postin the town— Duty 
of overseer. 

§ 4. Undertaking to relive poor by G. A. R. 
post— Duty of commander. 

An Act io regulate the granting of relief to indigent war veterans 

and their families. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the term 
"Overseer of the poor," as used in this act shall be construed to 
mean all persons whose duty it is, under existing statutes, to care 
for, relieve, or maintain, wholly or in part, any poor or indigent 
persons who may be entitled to such relief under the statutes of 
the State of Illinois. 

§ 2. For the relief of indigent and suffering soldiers, sailors 
and marines, who served in the war of the rebellion, and their 
families, and the families of deceased veterans who need assist- 
ance, in any city or town in this State, the overseer of the poor 
shall provide such sum or sums of money as may be necessary, 
to be drawn upon by the commander and quartermaster of any 
post of the Grand Army of the Republic in said city or town, 
upon the recommendation of the relief committee of said post, in 
the same manner as is now provided by law for the relief of the 
poor: Provided, said soldier, sailor and marine, or the families 
of those deceased, are and have been residents of the State for one 
year or more, and the orders of said commander or quartermaster 
shall be proper vouchers for the expenditure of said sum or sums 
of money. 

§ 3. In case there is no post of the Grand Army of the Re- 
public in any town in which it is necessary that such relief as 
provided in section two, should be granted, the overseer of the 
poor shall accept and pay the orders drawn, as hereinbefore pro- 
vided by the commander and quartermaster of any post of the 
Grand Army of the Republic, located in the nearest city or town, 
upon the recommendation of a relief committee, who shall be 
residents of the said town in which the relief may be furnished. 
- § 4. Upon the taking effect of this act, the commander of any 
post of the Grand Army of the Republic which shall undertake 
the relief of indigent veterans and their families, as hereinbefore 
provided, before the acts of said commander and quartermaster 
shall be operative in any city or town, shall file with the city 
clerk of such city, or town clerk of such town, or overseer of the 
poor of such town or county, a notice that said post intends to 
undertake such relief as is provided by this act, and such notice 
shall contain the names of the relief committee of said post in 
such city or town, and of the commander and other officers of 
said post. And the commander of said post shall annually there- 



84 CHAEITIE8. 



after, during the month of October, file a similar notice with the 
said city or town clerk, or the overseer of the poor, also a detailed 
statement of the amount of relief furnished during the preceding 
year, with the names of all persons to whom such relief shall have 
been furnished, together with a brief statement in each case from 
the relief committee upon whose recommendation the orders were 
drawn. And failure or neglect so to do at the time required by 
this act shall be punishable by a fine of twenty-five dollars ($25) 
to be recovered in the name of the county in any court of com- 
petent jurisdiction. 

§ 5. The Auditing Board of any city or town, or the overseer 
of the poor of any city, town or county, may require of said com- 
mander or quartermaster of any post of the Grand Army of the 
Kepublic undertaking such relief in any city or town, a bond with 
sufficient and satisfactory sureties for the faithful and honest dis- 
charge of their duties under this act. 

§ G. Overseers of the poor are hereby prohibited from sending 
indigent soldiers, sailors and marines (or their families or the 
families of those deceased) to any almshouse (or orphan asylum), 
without the full concurrence and consent of the commander and 
relief committee of the post of the Grand Army of the Republic hav- 
ing jurisdiction as provided in sections two and three. Indigent veter- 
ans with families, and the families of deceased veterans, shall, when- 
ever practicable, be provided for and relieved at their homes in 
such city or town in which they shall have a residence, in the 
manner provided in sections two and three of this act. Indigent 
or disabled veterans of the classes specified in section two of this 
act, who are not insane, and who have no families or friends 
with whom they may be domiciled, may be sent to any Soldiers' 
Home. Any indigent veteran of either of the classes specified in 
section two, or any member of the family of any living or de- 
ceased veteran of said classes, who may be insane, shall, upon 
the recommendation of the commander and relief committee of 
such post of the Grand Army of the Kepublic, within the juris- 
diction of which the case may occur, be sent to any insane asylum 
and cared for as provided for indigent insane. 

§ 7. In case there shall be within the limits of any city or 
town, more than one post of the Grand Army of the Republic, it 
shall be the duty of the commander of each vost within such 
limits, to send to the commander of every other post within said 
limits, on the first day of each month, a written list of the names 
of all persons to whom relief has' been granted during the pre- 
ceding month, under the provisions of this act. 

§ 8. The commander of the Grand Army of the Republic, de- 
partment of Illinois, shall annually report to the Governor, on or 
before the first day of January of each year, such portions of the 
transactions of the Grand Army of the Republic relating hereto. 



CITIES, TOWNS AND VILLAGES. 



85 



as he may deem to be of interest to that organization and the 
people of the State. 

This bill, having remained with the Governor for the period of ten days, Sundays excepted, 
after the adjoiiriirnent of the General AHsembly, and he not havinK filed it with his objeetiona 
thereto in the ottice of I he Secretary of State, it becomns a law in lilie manner as if he had signed it. 

Witness my hand, this 26th day of June, A. D., 1895. 

W. H. HIXRICH>*EN, 

.Secretary of State. 



CITIES, TOWNS AND VILLAGES. 



§ 1- 

§ 2- 

§ 3- 

§ 4. 

§ 5. 

§ 6. 

f ~- 

§. 8. 

§ 9. 

§ 10. 
I'll- 

§ 1-2. 

% 13. 

§ 14. 

§ 15. 

^ 16. 

§ ir. 

§ 18. 

I 19. 

§ 20. 

§ 21. 



CIVIL SERVICE. 

Commissioners appointed— Oath. 

Removal of Commissioners— Vwcancy. 

Classification. 

Rules. 

Publication of Rnles. 

Examinations. 

Notice of Examinations. 

Registers. 

Promotions. 

Appointments to classified service. 

Officers excepted from classified service. 

Removals. 

Reports to Commission. 

Invi'Stigations. 

Report by Commission. 

Chief examiner. 

t >fR( ers to aid — Rooms. 

(salaries and expenses. 

.Appropriations. 

Frau<is prohibited. 



Xo officer to solicit or receive political 
coiitiibutions. 

No person to i^olicit poUiical contribn— 
liuns from officers or employt?8. 



§ 23. Assessments and contributions in public 
offices forbidden. 

§ 24. Payments of political assessments to 
public officers prohibited. 

§ 25. Abuse of ofHcial influence prohibited. 

§ 26. Payment for places prohibited. 

§ 27. Recommendations in consideration of 
political service prohibited. 

§ 28. Abuse ol political influence prohibited. 

§ 29. Auditing oflicer. 

§ 30. Appointments and removals to be certi- 
fied to the Comptroller. 

§ 31.. Comptroller to pay salaries only after 
certification. 

§ 32. Paymasters, etc., to pay salaries only 
alter certification. 



33. 



Compelling testimony of witnesses— Pro- 
ductiou of booljs and papers. 



§ 34. Penalties 

§ 35. I'enalties -Disqualification to hold office. 

§ 38. What officers to prosecute 

§ 37. Repeal. 

§ 38. Adoption. 

§ 39. Notice of election. 

§ 40. Emergency. 



An Act to regulate the Civil Service of Cities. 

Section 1. Be it enacted bij the People of the State of Illi- 
nois, represented in the General Assembly: Commissioners ap- 
pointed — o.^TH. The mayor of each city in this State which 
shall adopt this act as hereinafter provided, shall, not less 
than forty nor more than ninety days after the taking effect 
of this act in such city, appoint three persons, who shall 
constitute and be known as the Civil Service Commissioners 
of such city, one for three years, one for two years and 
one for one year from the time of appointment, and until their 



86 CITIES, TOWNS AND YILLA.GES. 



respective successors are appointed and qualified, and in every 
year thereafter the mayor shall, in like manner, appoint one per- 
son as the successor of the commissioner whose term shall expire 
in that year to serve as such commissioner for three years, and 
until his successor is appointed and qualified. Two commissioners 
shall constitute a quorum. All appointments to said commission, 
both original and to fill vacanies, shall be so made that not more 
than two members shall, at the time of appointment, be members 
of the same political party. Said commissioners shall hold nO' 
other lucrative office or employment under the United States, the 
State of Illinois, or any municipal corporation or political division 
thereof. Each commissioner, before enteriug upon the duties of 
his ofiice, shall tate the oath prescribed by the constitution of 
this State. 

§ 2. Eemoval of commissionees — VACANCY. The mayor may,, 
in his discretion, remove any commissioner for incompetence, neg- 
lect of duty or malfeasance in office. The mayor shall within ten 
days report in writing any such removal to the city council, with- 
his reasons therefor. Any vacancy in the office of commissioner 
shall be filled by appointment by the mayor. 

§ 3. Classification. Said commissioners shall classify all the 
offices and places of employment in such city, with reference to the 
examinations hereinafter provided for, except those offices and places- 
mentioned in section eleven of this act. The offices and places so clas- 
sified by the commission shall constitute the classified civil service of 
such city, and no appointments to any of such offices or places- 
shall be made except under and according to the rules hereinafter 
mentioned. 

§ 4. Rules. Said commission shall make rules to carry out the- 
purposes of this act, and for examinations, appointments and remov- 
als in accordance with its provisions, and the commission may, from 
time to time, make changes in the original rules. 

§ 5. Publication of eules — time of taking effect. All 
rules made as hereinbefore provided, and all changes therein,, 
shall forthwith be printed for distribution by said commission, 
and the commission shall give notice of the place or places where 
said rules may be obtained by publication in one or more daily 
newspapers, published in such city, and in each such publication 
shall be specified the date, not less than ten days subsequent to- 
the date of such publication when said rules shall go into opera- 
tion. 

§ 6. Examinations. All applicants for offices or places in said 
classified service, except those mentioned in section eleven, shall be 
subjected to examination, which shall be public, competitive and free 
to all citizens of the United States, with specified limitations as to 
residence, age, health, habits and moral character. Such exami- 
nations shall be practical in their character, and shall relate to- 
those matters which will fairly test the relative capacity of the 
persons examined to discharge the duties of the positions to 



CITIES, TOWNS AND VILLAGES. 87 



which they seek to be appointed, and shall include tests of physi- 
cal qualifical ions and health, and when appropriate, of manual 
skill. No questions in any examination shall relate to political or 
religious opinions or affiliations. The commission shall control 
all examinations, and may, whenever an examination is to take 
place, designate a suitable number of persons, either in or not in 
the official service of the city, to be examiners, and it shall be the 
duty of such examiners, and, if in the official service, it shall be 
a part of their official duty, without extra compensation, to con- 
duct such examination as the commission may direct, and to make 
return or report thereof to said commission, and the commission 
may at any time substitute any other person, whether or not in 
such service, in the place of any one so selected, and the com- 
mission may themselves at any time act as such examiners, and 
without appointing examiners. The examiners at any examination 
shall not all be members of the same political part5^ 

§ 7. Notice of examinations. Notice of the time and place 
and general scope of every examination shall be given by the com- 
mission by publication for two weeks preceding such examination 
in a daily newspaper of general circulation published in such city, 
and such notice shall also be posted by said commission in a con- 
spicuous place in their office for two weeks before such examina- 
tion. Such further notice of examinations may be given as the 
commission shall prescribe. 

§ 8. Registers. From the returns or reports of the examiners, 
or from the examinations made by the commission, the commission 
shall prepare a register for each grade or class of positions in the 
classified service of such city of the persons whose general average 
standing upon examination for such grade or class is not less than 
the minimum fixed by the rules of such commission, and who are 
otherwise eligible, and such persons shall take rank upon the 
register as candidates in the order of their relative excellence as 
determined by examination, without reference to priority of time 
of examination. 

§ 9. Promotions. The commission shall, by its rules, provide 
for promotions in such classified service, on the basis of ascertained 
merit and seniority in service and examination, and shall 
provide, in all cases where it is practicable, that vacancies shall 
be filled by promotion. All examinations for promotion shall be 
competitive among such members of the next lower rank as desire 
to submit themselves to such examination; and it shall be the duty 
of the commission to submit to the appointing power the names 
of not more than three applicants for each promotion having the 
highest ratin^:. The method of examination and the rules gov- 
eruing tlie same, and the method of certifying, shall be the same 
as provided for applicants for original appointment. 

§ 10. Appointments to classified service. The head of the 
department or office in which a position classified under this act 
is to be filled shall notify said commission of that fact, and 



88 CITIES, TOWNS AND VILLAGES. 



said commission shall certify to the appointing ojficer the name 
and address of the candidate standing highest upon the register 
for the class or grade to which said position belongs, except 
that, in cases of laborers where a choice by competition is 
impracticable, said commission may provide by its rules that 
the selections shall be made by lot from among those candi- 
dates proved fit by examination. In making such certification sex 
shall be disregarded, except when some statute, the rules of said 
commission, or the appointing power specifies sex. The appointing 
officer shall notify said commission of each position to be filled 
separately, and shall fill such place by the appointment of the 
person certified to him by said commission therefor, which ap- 
pointment shall be on probation for a period to be fixed by said 
rules. Said commission may strike off names of candidates from 
the register after they have remained thereon more than two 
years. At or before the expiration of the period of probation, 
the head of the department or office in which a candidate is em- 
ployed may, by and with the consent of said commissior, discharge 
him, upon assigning in writing his reason therefor to said com- 
mission. If he is not then discharged, his appointment shall be 
deemed complete. To prevent the stoppage of public business, or 
to meet extraordinary exigencies, the head of any department or 
office may, with the approval of the commission, make temporary 
appointment to remain in force not exceeding sixty days, and only 
until regular appointments under the provisions of this act can 
be made. 

§ 11. Officers excepted from classified service. Officers 
who are elected by the people, or who are elected by the 
city council pursuant to the city charter, or whose appointment 
is subject to confirmation by the city council, judges and 
clerks of election, members of any board of education, the super- 
intendent and teachers of schools, heads of any principal depart- 
ment of the city, members of the law department, and one private 
secretary of the mayor, shall not be included in such classified service. 

§ 12. Removals. No officer or employe in the classified civil ser- 
vice of any city, who shall have been appointed under said rules and 
after said examination, shall be removed or discharged except for 
cause, upon written charges and after an opportunity to be heard in his 
own defense. Such charges shall be investigated by or before 
said civil service commission, or by or before some officer or 
board appointed by said commission, to conduct such investigation. 
The finding and decision of such commission or investigating offi- 
cer or board, when approved by said commission, shall be certified 
to the appointing officer, and shall be forthwith enforced by such 
officer. Nothing in this act shall limit the power of any officer 
to suspend a subordinate for a reasonable period, not exceeding 
thirty days. In the course of an investigation of charges, each 
member of the commission, and of any board so appointed by it, 
and any officer so appointed, shall have the power to administer 
oaths, and shall have power to secure by its subpcEna both the 



CITIES, TOWNS AND VILLAGES. 89 



attendance and testimony of witnesses, and the production of 
books and papers relevant to such investigation. Nothing in this 
section shall be construed to require such charges or investiga- 
tion in cases of laborers or persons having the custody of public 
money, for the safe keeping of which another person has given 
bonds. 

§ 13. Repoets to commission. Immediate notice in writing shall 
be given by the appointing power, to said commission, and all appoint- 
ments, permanent or temporary, made in such classified civil service, 
and all transfers, promotions, resignations, or vacancies from any cause 
in such service, and of the date thereof; and a record of the same 
shall be kept by said commission. When any office or place of 
employment is created or abolished, or the compensation attached 
thereto altered, the officer or board making such change shall 
immediately report it in writing to said commission. 

§ 14. Investigations. The commission shall investigate the en- 
forcement of this act and of its rules, and the action of the examiners 
herein provided for, and the conduct and action of the appointees in 
the classified service in its city, and may inquire as to the nature, 
tenure and compensation of all offices and places in the public 
service thereof. In the course of such investigations', each com- 
missioner shall have power to administer oaths, and said commis- 
sion shall have power to secure by its subpoena both the attend- 
ance and testimony of witnesses, and the production of books and 
papers relevant to such investigations. 

§ 15. Eeport by commission. Said commission shall, on or 
before the 15th day of January of each year, make to the mayor, 
for transmission to the city council, a report showing its own action, 
the rules in force, the practical effects thereof, and any suggestions 
it may approve for the more effectual accomplishment of the pur- 
poses of this act. The mayor may require a report from said 
commission at any other time. 

§ 16. Chief examiner. Said commission shall employ a chief ex- 
aminer, whose duty it shall be, under the direction of the commission, 
to superintend any examination held in such city under this act, and 
who shall perform such other duties as the commission shall prescribe. 
The chief examiner shall be ex-officio secretary of said commis- 
sion, under the direction of such commission; he, as such secre- 
tary, shall keep the minutes of its proceedings, preserve all re- 
ports made to it, keep a record of all examinations held under 
its directioD, and perform such other duties as the commission 
shall prescribe. 

§ 17. Officers to aid— rooms. All officers of any city which 
shall have adopted this act shall aid said commission in all proper 
ways in carrying out the provisions of this act, and at any place 
where examinations are to be held shall allow reasonable use of 
public buildings for holding such examinations. The mayor of 
such city shall cause suitable rooms to be provided for said com- 
mission at the expense of such city. 



90 CITIES, TOWNS AND VILLAGES. 



§ 18. Salaries and expenses. In cities having a population 
of one hundred thousand inhabitants, or more, each of said 
commissioners shall receive a salary of three thousand dollars 
a year; the chief examiner shall receive a salary of three 
thousand dollars a year. Any person not at the time in 
the official service of the city, serving as a member of the 
board of examiners or of a trial board, shall receive com- 
pensation for every day actually and necessarily spent in the dis- 
charge of his duty as an examiner or a member of the trial board, 
at the rate of five dollars per day, and said commission may, in 
such city, also incur expenses not exceeding five thousand dollars 
per year, for clerk hire, printing, stationery and other incidental 
matters. In cities having a population of fifty thousand inhabitants 
and less than one hundred thousand, such commissioners shall 
receive an annual salary of one thousand five hundred dollars each, 
the chief examiner shall receive an annual salary of one thousand 
five hundred dollars. Any person not at the time in the official 
service of the city, serving as. a member of the board of examiners, 
or of a trial board, shall receive compensation for every day 
actually and necessarily spent in the discharge of his duty as an 
examiner or member ot the trial board, at the rate of three dollars 
per day, and said commission may, in such city, also incur ex- 
penses not exceeding three thousand dollars a year, for clerk 
hire, printing, stationery, and other incidental matters. In cities 
having a population of twenty-five thousand and less than fifty 
thousand inhabitants, such commissioners shall receive an annual 
salary of one thousand dollars each, and the chief examiner shall 
receive an annual salary of one thousand dollars. In cities 
having a population of less than twenty-five thousand inhabitants, 
such commissioners shall receive an annual salary to be fixed by 
the city council of such cities, not to exceed five hundred dollars 
each; the chief examiner shall receive an annual salary to be fixed 
by the city council of such cities, not to exceed five hundred 
dollars. In cities having a population of less than fifty thousand 
inhabitants, any person, not at the time in the official service of 
the city, serving as a member of the board of examiners, or of a 
trial board, shall receive compensation for every day actually and 
necessarily spent in the discbarge of his duty as an examiner or 
member of the trial board, at the rate of two dollars per day, and 
said commission m'^y, in sach city, also incur expenses not exceed- 
ing two thousand dollars per year, for clerk hire, printing, 
stationery, and other incidental matters. 

§ 19. Appropriations. A sufficient sum of money shall be appro- 
priated each year by each city which shall adopt this act, tocarry^ out 
the provisions of this act in such city. In such cities as shall have 
already made the annual appropriation for municipal purposes for 
the current fiscal year, the mayor is authorized and required to 
pay the salaries- and expenses as herein provided for such fiscal 
year out of the moneys appropriated for contingent purposes by 
such municipality, or out of any moneys not otherwise appropriated. 



CITIES, TOWNS AND VILLAGES. 91 



§ 20. Frauds peohibited. No person or officer shall will- 
fully or corruptly by himself or in cooperation with one or 
more other persons, defeat, deceive or obstruct any person 
in respect to his or her right of examination, or corruptly 
or falsely mark, grade, estimate or report upon the exam- 
ination or proper standing of any person examined here- 
under or aid in so doing, or willfully or corruptly make any false 
repre!?entation concerning the same, or concerning the person ex- 
amined, or willfully or corruptly furnish to any person any special 
or secret information for the purpose of either improving or in- 
juring the prospects or chances of any person so examined or to 
be examined, being appointed, employed or promoted. 

§ 21. No OFFICER Tu SOLICIT OR RECEIVE POLITICAL CONTRIBU- 
TIONS. No officer or employe of such city shall solicit, orally or 
by letter, or receive or pay, or be in any manner concerned in 
soliciting, receiving or paying, any assessment, subscription or con- 
tribution for any party or political purpose whatever. 

§ 22. No PERSON TO SOLICIT POLITICAL CONTRIBUTIONS FROM 

OFFICERS OR EMPLOYES. No person shall solicit, orally or by 
letter, or be in any manner concerned in soliciting any assess- 
ment, contribution or payment, for any party or any political purpose 
whatever, from any officer or employe in any department of the 
city government of any city which shall adopt this act. 

§ 23. Assessments and contributions in public offices for- 
bidden. No person shall in any room or building occupied for 
the discharge of official duties by any officer or employe in any 
city which shall adopt this act, solicit, orally or by written com- 
munication, delivered therein, or in any other manner, or receive 
any contribution of money or other thing of value, for any party 
or political purpose whatever. No officer, agent, clerk or employe 
under the government of such city, who may have charge or con- 
trol of any building, office or room, occupied for any purpose of 
said government, shall permit any person to enter the same for 
the purpose of therein soliciting or delivering written solicitations 
for receiving or giving notice of any political assessments. 

§ 24. Payments of political assessments to public officers 
prohibited. No officer or employe in the service of such city shall, 
directly or indirectly, give or hand over to any officer or employe 
in said service, or to any senator or representative or alderman, 
councilman or commissioner, any money or other valuable thing, 
on account of or to be applied to, the promotion of any party or 
political object, whatever. 

§ 25. Abuse of official influence prohibited. No officer 
or employe of such city shall discharge or degrade or promote, or 
in any manner change the official rank or compensation of any 
other officer or employe, or promise or threaten to do so for giving 
or withholding or neglecting to make any contribution of money 
or other valuble thing for any party or political purpose, or for 
refusal or neglect to render any party or political service. 



92 CITIES, TOWNS AND YILLA.GES. 



§ 26. Payment foe places peohibited. No applicant for 
appointmect in said classified civil service, either directly 
or indirectly, shall pay, or promise to pay any money or 
other valuable thing to any person whatever for or on account 
of his appointment, or proposed appointment, and no officer or 
employe shall pay or promise to pay, either directly or indirectly, 
any person any money or other valuable thing whatever for or on 
account of his promotion. 

§ 27. Recommendations in consideeation of political see- 
vices PEOHIBITED. No applicant for appointment or promotion in 
said classified civil service shall ask for or recive a recommendation 
or assistance from any officer or employe in said service, or of any 
person upon the consideration of any political service to be ren- 
dered to or for such person or for the promotion of such person 
to any office or appointment. 

§ 28. Abqse of political influence peohibited. No person 
while holding any office in the government of such city, or 
in Domination for, or while seeking a nomination for, or ap- 
pointment to any such office, shall corruptly use or promise 
to use, either directly or indirectly, any official authority or in- 
fluence (whether then possessed or merely anticipated) in the way 
■of conferring upon any person, or in order to secure or aid any 
person in securing any office or public employment, or any nom- 
ination, confirmation, promotion or increase of salary upon the 
consideration or condition that the vote or political influence or 
action of the last named person or any other shall be given or 
used in bebalf of any candidate, officer or party, or upon any 
other corrupt condition or consideration. 

§ 29. Auditing officeb. No accounting or auditing officer 
shall allow the claim of any public officer for services of any 
deputy or other person employed in the public service in viola- 
tion of the provisions of this act. 

g 30. x-Vppointments and removals to be certified to the 
comptroller. The commissiou shall certify to the comptroller or 
other auditing officers, all appointments to offices and places in the 
classified civil service, and all vacancies occurring therein, whether 
by dismissal or resignation or death, and all findings made or ap- 
proved by the commission under the provisions of section twelve 
of this act, that a person shall be discharged from the classified 
civil service. 

§ 31. Comptroller to pay salaries only after certifica- 
tion. No comptroller or other auditing officer of a city which 
has adopted this act shall approve the payment of, or be in any 
manner concerned in paying any salary or wages to any person 
for services as an otficer or employe of such city, unless such > 
person is occupjnng an office or place of employment according to 
the provisions of law and is entitled to paymerlt therefor. 

§ 32. Paymasters, etc., to pay salaries only after certifi- 
cation. No paymaster, treasurer, or other officer or agent of a 
city which has adopted this act shall willfully pay, or be in any 



CITIES, TOWNS AND VILLAGES. 93 



manner concernpd in paying any person any .«alary or wages for 
services as an officer or employe of such city, unless such person 
is occupying an office or place of employment according to the 
provisions of law and is entitled to payment therefor. 

§ 83 Compelling testimony of witnesses. Pkoduction of 
BOOKS AND tapers. Any person who shall be served with a subpoena 
to appear and testify, or to produce books and papers, issued by the 
commission or by any commissioner, or by any board or person 
acting under the orders of the commission, in the course of an in- 
vestigation conducted either under the provisions of section twelve 
or section fourteen of this act, and who shall refuse or neglect to 
appear or to testify, or to produce books and papers relevant to 
said investigation, as commanded in such subpoena, shall be guilty 
of a misdemeanor, and shall, on conviction, be punished as pro- 
vided in section thirty- four of this act. The fees of witnesses for 
attendance and travel shall be the same as the fees of witnesses 
before the circuit courts of this State, and shall be paid from the 
appropriation for the expenses of the commission. Any circuit 
court of this State, or any judge thereof, either in term time or 
vacation, upon application of any such commissioner, or officer or 
board, may in his discretion compel the attendance of witnesses, 
the production of books and papers, and giving of testimony before 
the commission, or before any such commissioner, investigating 
board or officer, by attachment for contempt or otherwise, in the 
same manner as the production of evidence may be compelled 
before said court. Every person who, having taken an oath or 
made affirmation before a commissioner or officer appointed by the 
commission authorized to administer oaths, shall swear or affirm 
willfully, corruptly and falsely shall be guilty of perjury, and 
upon conviction shall be punished accordingly. 

§ 34. Penalties. Any person who shall willfully, or through 
culpable negligence, violate any of the provisions of this act, or any 
rule promulgated in accordance with the provisions thereof, shall be 
guilty of a misdemeanor, and shall, on conviction thereof, be punished 
by a fine of not less than fifty dollars and not exceeding one 
thousand dollars, or by imprisonment in the^ county jail for a term 
not ex:ceeding six months, or both such fine and imprisonment in 
the discretion of the court. 

§ 35. Penalties — disqualification to hold office. If any 
person shall be convicted under the next preceding section, 
any public office or place of public employment which such 
person may hold shall, by force of such conviction be ren- 
dered vacant, and such person shall be incapable of holding 
any office or place of public employment for the period of five 
years from the date of such conviction. 

§ 36. What officers to prosecute. Prosecutions for viola- 
tions of this act may be instituted either by the Attorney Gen- 
eral, the State's Attorney for the county in which the offense 
is alleged to have been committed, or by the commission, act- 
ing through special counsel. Such suits shall be conducted and 
controlled by the prosecuting officers who institute them, unless 
they request the aid of other prosecuting officers. 



94 CITIES, TOWNS AND VILLAGES. 



§ 37. Repeal. All laws or parts of laws which are inconsistent 
with this act, or any of the provisions thereof, are hereby repealed. 

§ 38. Adoption. The electors of any city now existing or here- 
after existing in this State, may adopt and become entitled to the bene- 
fit of this act in the following manner: Whenever one thousand of 
the legal voters of such city, voting at the last preceding election 
shall petition the judge of the county court of the county, in 
which such city is located, to submit to a vote of the electors of 
such city the proposition as to whether such city and the electors 
thereof shall adopt and become entitled to the benefits of this act, 
it shall be the duty of such county court to submit such propo- 
sition accordingly at the next succeeding general State, county or 
city election; and if such proposition is not adopted at such 
election, the same shall in a like manner be submitted to a vote 
of the electors of such city by such county court upon like appli- 
cation at any general State, county or city election, thereafter, and 
an order shall be entered of record in such county court submit- 
ting such proposition as aforesaid. If one thousand shall exceed 
one-eighth of the legal voters of any such city voting at the last 
preceding election, the a such petition or application need not be 
signed or made by more than one-eighth of the legal voters of 
such city voting at the last preceding election. 

§ 39. The judge of such county court shall give at least ten 
days notice of the election at which such proposition is to be 
submitted by publishing such notice in one or more newspapers 
published within such city for at least five times, the first publi- 
cation to be at least ten days before the day of the election; and 
if no newspaper is published in such city, then by posting at 
least five copies of such notice in each ward at least ten days 
before such election. Such election shall be held under the election 
law in force in such city, except as herein otherwise provided. 
The proposition so to be voted for shall appear in plain, prominent 
type at the head of every ticket, and preceding the names of persons 
to be voted upon for any office at such election. If a majority of 
the votes cast upon such proposition shall be for such proposition, 
this act shall thereby be adopted by such city, and the mayor 
shall thereupon issue a proclamation declaring this act in force 
in such city. 

§ 40. Emekgency. Whereas, an emergency exists for the imme- 
diate taking effect of this act, therefore it shall be in force from 
and after its passage. 

Appkoved March 20, 1895. 



CIVIL SERVICE. 
I 1. Amends section 18 of the act of 1895 with reference to salaries and expenses. 

An Act to amend an act entitled ''An act to regulate the civil 
service of cities, approved March 20, 1895, in force March 
20, 1895. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section 18 of an act en- 
titled "An act to regulate the civil service of cities," approved March 
20, 1895, in force March 20, 1895, be amended so as to read as follows: 



CITIES, TOWKS AND VILLAGES. 95 



Section 18. Salaries and Expenses. In cities having a popu- 
lation of one hundred thousand inhabit ants or more, each of said 
comm'ssioners shall receive a salary of three thousand dollars a 
year; the chief examiner shall receive a salary of three thousand 
dollars a year. Any person not at the time in the official service 
of the city, serving as a member of the board of examiners or of 
a trial board, shall receive compensation for every day actually 
and necessarily spent in the discharge of his duty as an examiner 
or a member of the trial board, at the rate of five dollars per day; 
and said commission may, in such city, also incur expenses not 
exceeding five thousand dollars per year, for clerk hire, printing, 
stationery and other incidental matters. In cities having a popu- 
lation of fifty thousand inhabitants and less than one hundred 
thousand, such commissioners shall receive an annual salary of 
one thousand dollars each; the chief examiner shall receive an 
annual salary of one thousand dollars. Any person not at the 
time in the official service of the city, serving as a member of 
the board of examiners or of a trial board, shall receive compen- 
sation for every day actually and necessarily e-peut in the dis- 
charge of his duty as an examiner or member of the trial board, 
at the rate of three dollars per day; and said commission may, in 
such city, also incur expenses not exceeding two thousand dollars 
a year, for clerk hire, printing, stationery and other incidental 
matters. In cities having a population of twenty-five thousand 
and less than fifty thousand inhabitants, such commissioners shall 
receive an annual salary of one hundred dollars each, and the 
chief examiner shall receive an annual salary of five hundred dol- 
lars. In cities having a population of less than twenty-five 
thousand inhabitants, such commissioners shall receive an annual 
salary to be fixed by the city council of such cities, not to exceed 
fifty dollars each; the chief examiner shall receive an annual sal- 
ary to be fixed by the city council of such cities, not to exceed 
one hundred dollars. In cities having a population of lees than 
fifty thousand inhabitants, any person not at the time in the official 
service of the city, serving as a member of the board of examiners 
or of a trial board, shall receive compensation for every day 
actually and necessarily spent in the discharge of his duty as an 
examiner or member of the trial board, at the rate of two dollars 
per day, and said commission may, in such city, also incur ex- 
penses not exceeding two hundred dollars per year, for clerk 
hire, printing, stationery and other incidental matters. 

Approved June 13, 1895! 



OFFICERS or MUNICIPAL CORPORATIONS. 

§ 1. Amends eectiouTTof the act ofl8T2, so that its provisions as to qualifications of officers 
shall not apply to city engineers and attorneys. 

An Act to amend an act entitled, "An act to provide for the in- 
corporation of cities and villages,'" approved April 10, 1S72, 
in force Jufy 1, 1872. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section seventy- 
seven (77) of an act entitled "An act to provide for the incorpo- 



96 CITIES, TOWNS AND VILLAGES. 



ration of cities and villages," approved April 10, 1872, in force 
July 1, 1872, be amended so as to read as follows: 

No person shall be eligible to any office who is not a qualified 
elector of the city or village, and who shall not have resided 
therein at least one year next preceding his election or appoint- 
ment, nor shall any person be eligible to any office who is a 
defaulter to the corporation: Provided, hoivever, this shall not 
apply to the appointment or election of city engineer in incorpo- 
rated cities and villages: And, Provided, that the same shall not 
apply to appointment of attorneys in incorporated villages, if such 
appointee be not a defaulter to the corporation. 

Approved June 21, 1895. 



or THE ORGANIZATION OF CITIES AND TILLAGES. 

§ 1. Amends section 13 of the act of 1S93 by compelling raaaicipalities to file record in the office 
of the Secretary of State within three months, who shall thereupon issue charter. 

An Act to amend section thirteen (13) of article one {1) of an 
act entitled, 'An act to provide for ttie incorporation of cities 
and villages," approved April 10, 1872, in force July 1, 1872. 

Section 1. Be it enacted hy ttie People of tJie StcUe of Illi- 
nois, represented in ttie General Assembly: That section thirteen 
(13) of article one (1) of an act entitled, "An act to provide for 
the incorporation of cities and villages," approved April 10, 1872, 
in force July 1, 1872, be, and the same is hereby, amended so as 
to read as follows: 

Section 13. The corporate authorities of any city or vil- 
lage which may become organized under this act, shall within 
three (3) mouths after organization hereunder,, cause to be 
filed in the office of the recorder of deeds of the county in 
which such city or village is situated, a certified copy of the 
record of the county court, or of the city or village, in the mat- 
ter of such organization showing the canvass of the votes and the 
result of the election, whereby such city or village became so 
organized, and the recorder of deeds shall record the same. And 
upon such record having been duly recorded by the recorder of 
deeds aforesaid, he shall immediately transmit the same to the 
Secretary of State together with his certificate of such recordation, 
endorsed thereon or annexed thereto, and it appearing from the 
recitals in said record that the provisions of this act have been 
duly complied with, the Secretary of State shall file .the same 
and charter said city or village by his certificate duly authenti- 
cated under his hand and the great seal of State. The Secretary 
of State shall keep a register of cities and villages organized 
under the provisions of this act. 

Approved June 7, 1895. 



CITIES, TOWNS AND VILLAGES. 97 



OF THE OKGANIZATION OF CITIES AND VILLAGES. 

§ 1. Amends section 1 of the act of 1873, providing thab the question of Incorporation may be 
submitted at the ensuing municipal election or at a special election. 

An Act to amend an act entitled "An act to amend section one 
(1) of article one (1) of 'An act to provide for the incorporation 
of cities and villages,' approved April 10, 1872." 

Section 1. Be it enacted by the People of the Slate of Illi- 
nois, represented in the General Assembly: That an act entitled 
"An act to amend section one (1) of article one (1) of an act ta 
provide for the incorporation of cities and villages," approved April 
10, 1872, be amended so as to read as follows: 

Section 1. That any city now existing in this State may become 
incorporated under this act in the manner following: Whenever 
one-eighth of the legal voters of such city voting at the last pre- 
ceding municipal election shall petition the mayor and council 
thereof to submit the question as to whether such city shall be- 
come incorporated under this act to a vote of the electors in such 
city, it shall be the duty of such mayor and council to submit 
such question to a vote of the electors of said city at the next 
ensuing municipal electioa of said city, or at a special election to 
be designated by them, and to give the notice required by law. 

Approved June 21, 1895. 



OF THE ORGAlSriZATIOlSr OF CITIES AND VILLAGES. 

§ 1. Elections held since July 1, 1891, lor organization of villages or pleasure driveway or park 
districts, notin conformity with ballot law, legalized and made valid. 

An Act to legalize elections relating to the incorporation of cities, 
villages, pleasure driveway and park districts held since July 
1, 1891. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That wherever an 
election has been held in this State to incorporate under and by 
virtue of "An a3t to provide for the incorporation of cities and 
villages," approved April 10, 1872, and in force July 1, 1872, 
or "An act to provide for the creation of pleasure driveway and 
park districts," approved June 19, 1893, and in force July 1, 
1898, and where such election for such purpose has not been held 
under or in conformity with an act entitled "An act to provide 
for the printing and distribution at the public expense, and for 
the nomination of candidates for public office, to regulate the 
manner of holding elections and to enforce the secrecy of the 
ballot," approved and in force July 1, 1891, but has been held in 
substantial compliance with the laws of this State regulating elec- 
tions prior to the passage of said act; such election so held for 
the purpose or purposes aforesaid, shall be in all respects deemed, 
and the. same is hereby declared to be, legal, valid and binding, 
—7 



«8 



CITIES, TOWNS AND VILLAGES. 



and the organization of any such municipality or municipalities, 
and election of officers of any such city, village, pleasure driveway 
and park district, are hereby legalized and made effective, and all 
acts of any such city, village, pleasure driveway and park district, 
if otherwise legal, are also legalized and made valid and binding. 

Appeoved June 17, 1895. 



REMOVAL, OF SITE. 



3. Title of acquired land vests upon com- 
pliance with section 2. 



§ 1. Authorizes municipality threatened by 

encroachment of river to change its site. 
§ 2. Proceedings — Three-fourths voters, and 

one-half owners of remaining territory 

to petition authorities — Ordinance — 

Rights preserved. 

An Act to authorize cities, villages, towns, and the inhabitants of 
any limited territory holding any lands as a common, cities, 
villages, and towns who are endangered by the washing away 
of the hanks of any river, to transfer their site and preserve 
the i'ights, powers and names of such cities, towns, villages, or 
inhabitants. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That whenever any city, 
village, or town incorporated under any general or special law of 
this State, shall, by reason of the washing away of the banks of 
any river, be in danger of losing all, or the greater portion of the 
lands or territory embraced within its corporate limits; or, when- 
ever the inhabitants of any limited territory within this State, who, 
as such inhabitants, of such territory, have any lands within this 
State held as a common by virtue of any grant by any person, 
body politic or corporate, or government having power to make 
such grant, shall, by reason of the washing away of the banks of 
any river as aforesaid, be ia danger of losing all or the greater 
portion of the territory, to the inhabitants of which such grant is 
made, such cities, villages, towns, or the inhabitants of such 
territory holding under sucli grant, shall have the right to acquire 
by gift or purchase, suitable real estate, to which the site of such 
city, village, or town, or of the residence of the inhabitants of the 
territory holding under such grant, may be removed: Provided, 
said real estate shall be within three miles of the former nearest 
limit of said city, village, town or territory, and shall not be more 
than shall be reasonably necessary for the purposes of a new 
site. 

§ 2. That when such city, village, town or territory is en- 
dangered as mentioned in section 1 of this act, on petition, in 
writing, describing the property sought to be acquired, and signed 
by not less than three-fourths of the legal voter i of said city, 
village, town or territory, and by not less than one-half in value 
of the rem lining territory within the limits of such city, village, 



CITIES, TOWNS AND VILLAGES. 99 



town or territory, the city council or board of trustees of such city, 
village or town, or tiae trustees of such lands held as a common may, 
by ordinance, acquire the property described in the petition, and the 
same whether actually adjoining the former site or territory or 
not, shall, upon filing a copy of such ordinance and an accurate 
map of the property, duly certified by the mayor of the city, 
president of the board ol trustees of the village or town, or trus- 
tees of such common, in the office of the recorder of deeds in the 
<3ounty where the acquired real estate is situated, become and be 
a part of such city, village, town or territory, and the inhabitants 
of such real estate so acquired, shall be entitled to all the cor- 
porate rights, powers, annuities, commons, benefits and franchises, 
which the inhabitants of sucti city, village, town or territory 
originally possessed, or to which they were entitled. 

§ 3. Upon the presentation of the petition and the passage of 
the ordinance mentioned in section two of this act, such city, 
village, town or the inhabitants of such territory, shall have. full 
power to acquire the title to the real estate in such petition and 
ordinance described, either by gift or by purchase, and a deed of 
conveyance to the city, village or town, by its corporate name, or 
to the trustees of the common, shall vest the title of said land for 
the purposes of this act. 

Appeoved June 21, 1895. 



SCHOOL INSPECTORS. 

§ 1. Increases number of school inspectors, § 2. Emergency, 
elected under special acts, from six to 
seven members. 

An Act increasing the number of school inspectors, elected under 
special acts, from six to seven members. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in all cities in this 
State, having over 10,000 and less than 100,000 inhabitants, whose 
schools are now operated under special law and where by such special 
law, boards of school inspectors, consisting of six members (three 
in each of two districts) are elected, such boards shall hereafter 
consist of seven members, and at the time other members of such 
boards are elected in Aoril, 1895, and each three years thereafter, 
such additional member shall be elected for a term of three years, 
by all the voters entitled to vote at school elections, of the entire 
school territory embraced in said two districts; and whenever 
such additional member is to be elected, he shall be designated 
and voted for as "member of board of school inspectors at large." 

§ 2. Whereas, an emergency exists, therefore this act shall 
take effect and be in force from and after its passage. 

Approved March 6, 1895. 



100 CITIES, TOWNS AND VILLAGES. 



SIDEWALKS IN UNINCOEPOEATED VILLAGES. 

§ 1. Authorizes highway commissioners to build sidewalks lu unincorporated villages. 

An Act authorizing the highway commissioners of a township to 
construct sidewalks in unincorporated villages. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That highway com- 
missioners are authorized to build sidewalks in unincorporated 
villages out of any delinquent road tax belonging to the road dis- 
trict in which such village is located. 

Appeoved June 21, 1895. 



SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS. 

§ 1. Amends section 17, article 9, Act of 1893, by providing th'at the special assessment shall not 
exceed the special benefits to be derived from improvement. 

An Act to amend section 17. article 9, of an act to provide for 
the incorporation of cities and villages, approved April 10, 
1872, in force July first, 1872. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the Geneixil Assembly: That section 17, 
of article 9, of "An act to provide for the incorporation of cities 
and villages," approved April 10, 1872, in force July first, 1872, 
be, and the same is hereby, amended so as to read as follows: 

Section 17. When said ordinance under which said local im- 
provement shall be ordered, shall provide that such improvement 
shall be made by special taxation of contiguous property, the 
same shall be levied, assessed and collected m the way provided 
in the sections of this act, providing for the mode of making, 
levying, assessing and collecting special assessments: Provided, 
that no special tax shall be levied or assessed upon any property 
to pay for any local improvement, in an amount in excess of the 
special benefit which such property shall receive from such im- 
provement. Such ordinance shall not be deemed conclusive of 
such benefit, but the question of such benefit and of the amount 
of such special tax shall be subject to the review and determina- 
tion of the county court, and be tried in the same manner as in 
proceedings by special assessments. 

Appeoved June 21, 1895. 



CITIES, VILLAGES AND TOWNS. 101 



TO PENSION FIRE INSURANCE PATROLMEN. 

§7. Retired membeM— Pension. 
§ 8. Application of act. 



§ 1. Fund for pensioning fire insurance pa- 
trolmen, their widows and childr>n, to 
be controlled by a Board of Trustees. 



§ 9. Treasurer of Board of Trustees— Duties 
and bond. 

§ 10. Moneys— How paid. 

§ 11. Trustees' annual report. 

§ 12. Fund exempt from process of law. 



§ 2. Trustees to control all raone.y donated, 

paid or assessed— Assessments— Duties 

of trustees. 
§ 3. All rewards to be paid into pension fund, 
g 4. Investment of funds. 

§ 5. Disabled member— Payment of pension. 
§ 6. Death of member, pension to widow and 

children— How paid. 

An Act to create an organization and a fund for the pensioning 
of disabled fire insurance patrolmen, and the tvidows and chil- 
dren of deceased patrolmen, and authorizing the retirement 
from service and the pensioning of members of the fire insur- 
ance patrol in cities, villages and towns where the popidation 
exceeds 50,000 inhabitants, having a paid fire insurance patrol. 

Section. 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly : That in all cities, vil- 
lages or incorporated towns whose population exceeds 50,000, hav- 
ing a paid fire insurance patrol, a fund may be created by the 
board of underwriters of such cities, villages or towns for the pen- 
sioning of disabled fire insurance patrolmen and the widows and 
children of deceased patrolmen; to authorize the retirement from 
service and the pensioning of members of the fire insurance patrol, 
and for other purposes connected therewith. Such fund shall be 
controlled and managed by a board of trustees composed of the 
president, secretary, treasurer, chairman of the patrol committee, 
and the superintendent or chief ofiicers of the fire insurance 
patrol of the board of underwriters of such city, village or town, 
under the name of "The Board of Trustees of the Patrolmen's 
Pension Fund." The said board shall select from their number a 
president, secretary and treasurer. 

§ 2. The said board of trustees shall have exclusive control and 
management of all money donated, paid or assessed for the relief 
or pensioning dit=abled, superannuated and retired members of the 
fire insurance patrol, their widows and minor children, and shall 
assess each member of the fire insurance patrol not to exceed one 
per cent, of the salary of such member, to be deducted and with- 
held from the monthly pay of each member so assessed. And the 
treasurer of the board of underwriters of such city, village or 
town shall set aside and pay to the treasurer of said board of 
trustees not to exceed two per cent, of all moneys paid to him by 
insurance companies for the support of said fire insurance patrol, 
the same to be placed by the treasurer of said board of trustees 
to the credit of such filnd, subject to the order of such board of 
trustees. The said board shall make all needful rules and regula- 
tions for its government in the discharge of its duties; shall hear 



102 CITIES, VILLA.GES AND TOWNS. 



and decide all applications for relief or pension under this act, and 
its decisions on such applications shall be final and conclusive 
and not subject to review or reversal except by the board of trus- 
tees. The said board of trustees shall cause to be kept a record 
of all its meetings and proceedings. 

§ 3. All rewards in moneys, fees, gifts and emoluments that 
shall be paid or given for or on account of ext-,raordinary services 
by said fire insurance patrol, or any member thereof (except 
when allowed to be retained by such member, or given to endow 
a medal or other permanent or competitive award) shall be paid 
into said pension fund. 

§ 4. The said board of trustees may invest such funds, or any 
part thereof, in the name of the board of trustees of the patrol- 
men's pension fund in such interest-bearing securities as may be 
approved by the said board of trustees, and all such securities 
shall be deposited with the treasurer and shall be subject to the 
order of said board of trustees. 

§ 5. If any member of the fire insurance patrol of such city,, 
village or town shall, while in the performance of his duty, become 
and be found upon examination by a medical ofiicer, ordered by 
said board of trustees, to be physically or mentally permanently 
disabled by reason of service in such department so as to render 
necessary his retirement from service in said fire insurance patrol, 
said board of trustees shall retire such member from service in 
such fire insurance patrol. Upon such retirement, the said board 
of trustees shall order the payment to said disabled member of 
said fire insurance patrol, monthly from such pension fund, a sum^ 
equal to one-half of the monthly compensation allowed to such 
member as salary at the date of his retirement. 

§ 6. If any member of such fire insurance patrol shall, while 
in the performance of his duty, be killed or die as the result of 
an injury received in the line of his duty, or of any disease con- 
tracted by reason of his occupation, or if any member of such 
fire insurance patrol shall die from any cause while in said service, or 
during retirement, or after retirement, after twenty-two years' service, 
as hereinafter provided, and shall leave a widow, or children under 
sixteen years of age surviving, said board of trustees shall direct the- 
payment from said pension fund of the following sum monthly, 
to- wit: To such widow while unmarried, $30.00; to the guardian 
of such minor child or children, $6.00, for each of said children 
until it or they reach the age of sixteen years: Provided, that 
there shall not be paid to a family of a deceased member, a total 
pension exceeding one-half the monthly salary of said deceased 
member at the time of his decease, or if a retired member, a sum 
not exceeding one-half the amount of the monthly salary of such 
retired member at the date of his retirement. If at any time 
there shall not be sufficient money in such- pension fund to pay each 
person entitled to the benefits thereof the full amount per month 
as hereinbefore provided, then, and in that event, an equal per- 



CITIES, TOWNS AND VILLAGES. 10.' 



centage of such monthly payments shall be made to each bene- 
ficiary thereof until the said fund shall be replenished to warrant 
the payment in full to each of said persons. 

§ 7. Any member of the fire insurance patrol of any city, vil- 
lage or town, after becoming fifty years of age and having served 
twenty-two years or more in such fire insurance patrol, of which 
the last two years shall be continuous, may make application to 
be relieved from such fire insurance patrol, or if he shall be dis- 
charged from such fire insurance patrol, the said board of trustees 
shall order and direct that such person shall be paid a monthly 
pension equal to one-half the amount of salary attached to the 
rank which he may have held in said fire insurance patrol at the 
date of his retirement or discharge. And the said board, upon 
the recommendation of the superintendent or chief ofiicer of the 
patrol provided for in this act, shall have the power to assign 
members of the fire insurance patrol, retired or drawing pensions 
under this act, to the performance of light duties in said fire in- 
surance patrol. After the decease of such member, his widow, or 
minor child or children under sixteen years of age, if any sur- 
viving, shall be entitled to the pension provided for in this act. 
But nothing in this or any other section of this act shall warrant 
the payment of any annuity to any widow of a deceased member 
of such fire insurance patrol pfter she shall have remarried. 

§ 8, This act shall apply to all persons who are now or shall 
hereafter become members of such tire insurance patrol, and all 
such persons shall be eligible to the benefits secured by this act. 

§ 9. The treasurer of the board of trustees shall be the custo- 
dian of said pension fund, and shall secure and safely keep the 
same subject to the control and direction of the board, and 
shall keep his books and accounts concerning said fund in such 
manner as shall be prescribed by the board of trustees; and the 
said books and accounts shall always be subject to the inspection 
of the board of trustees or any member thereof. The treasurer 
shall, within ten days after his election or appointment, execute a 
bond to the board of underwriters, with good and sufficient secur- 
ity, in such penal sum as the board shall direct, to be approved by 
the board of trustees, conditioned for the faithful performance of the 
duties of his office, and that he will safely keep, hold and truly account 
for all moneys and property which may come into his hands as 
such treasurer, and that upon the expiration of his term of office he 
will surrender and turn over to his successor all enexpended 
moneys and all property which may have come into his hands as 
treasurer of such fund. Such bond shall be tiled in the office of 
the board of underwriters, and in case of a breach of the same or 
the conditions thereof, suit may be brought on the same in the 
name of such board of underwriters, for the u^e of such board or 
of any person or persons injured by such breach. 

§ 10. All moneys ordered to be paid from said pension fund to any 
person or persons shall be paid by the treasurer of said board, only ' 
upon warrants signed by the president of the board and counter- 



104 CITIES, TOWNS AND VILLAGES. 



signed by the secretary thereof, and no warrant shall be drawn 
except by order of the board of trustees and duly entered in the 
record of the proceedings of the board. In case the said pension 
fund or any part thereof shall by order of said board of trustees, 
or otherwise, be deposited in any bank or loaned, all interest on 
money which may be paid or agreed to be paid, on account of 
any such loan or deposit, shall belong to and constitute a part of 
such fund: Provided, that nothing herein contained shall be con- 
strued as authorizing said treasurer to loan or deposit such fund, 
or any part of such fund, unless so authorized by the board of 
trustees. 

§ 11. The board of trustees shall make report to the board of 
underwriters of such city, village or town of the condition of such 
pension fund on the first day of January of each and every year. 

§ 12. No portion of said pension fund shall, either before or 
after its order of distribution by such board to such disabled 
members of said fire insurance patrol, or to the widow or guardian 
of such minor child or children of deceased or retired member 
of such fire insurance patrol, be held, seized, taken, subjected to, 
or detained, or levied on by virtue of any attachment, execution, 
injunction, writ, interlocutory, or other order or decree, or any 
process or proceeding whatever issued of, or by any court of this 
State for the payment or satisfaction in whole or in part of any 
debt, damages, claim, demand, or judgment against such member, 
or his widow, or the guardian of said minor child or children of 
any deceased member, but the said fund shall be sacredly held, 
kept secure and distributed for the purpose of pensioning the 
persons named in this act and for no other purpose whatever. 

Approved June 24, 1895. 



TO TAX FOREIGN FIRE INSURANCE COMPANIES. 



I 1. Foreign Are insurance companies to pay 
to municipality for the use and benefit 
of fire department a tax or license fee 
not exceeding 2 per cent, of local gross 
receipts. 



§ 2. Violators of this act subject to indict- 
ment — Penalty — Recovery of tax or 
license fee. 

§ 3. Repeal. 



An Act, entitled, ''An act to enable cities, towns and villages, 
organized nnder any general or special law to levy and collect 
a tax or license fee from foreign fire insurance companies for 
the benefit of organized fire departments^ 

Section 1. Be it enacted by the people of the State of Illi- 
nois, represented in the General Assembly: That all corpora- 
tions, companies and associations not incorporated under the laws 
of this State, and which are engaged in any city, town or village 
organized under any general or special law of this State, in effect- 
ing fire insurance shall pay to the treasurer of the city, town or 
village, for the maintenance, use and benefit of the fire depart- 
ment thereof, a sum of not exceeding two per cent, of the gross 



CITIES, TOWNS AND VILLAGES. 105 



receipts received by their agency in such city, town or village. 
Cities, towns and villages are hereby empowered to prescribe by 
ordinances the amount of tax or license fee to be fixed, not in 
excess of the above rate; and at that rate sach corporations, com- 
panies and associations shall pay, upon the amount of all premiums, 
which during the year ending on every first day of July shall 
have been received for any insurance effected or agreed to be 
effected in the city, town or village, by or with such corporation, 
companies or associations respectively. Every person who shall 
act in any city, town or village as agent or otherwise for or on 
behalf of any such corporation, company or association, shall, on 
or before the 15th day of July of each and every year, render to 
the city, town or village clerk, a full, true and just account, veri- 
fied by his oath, of all the premiums which during the year end- 
ing on every first day of July preceding such report, shall have 
been received by him or any other person for him in behalf of 
any such corporation, company or association; and shall specify in 
said report the amounts received for fire insurance. Such agents 
shall also pay to the treasurer of any rucli city, town or village at the 
time of rendering the aforesaid report, the amount of rates fixed 
by the ordinances of the said cities, towns or villages for which 
the companies, corporations or associations represented by them 
are severally chargeable by virtue of this act, and the ordinances 
passed in pursuance hereof. If such account be not rendered on 
or before the day herein designated for that purpose, or if the 
said rates shall remain unpaid after that day, it shall be unlawful 
for any corporation, company or association so in default to trans- 
act any business of insurance in any such city, town or village 
until the said requisitions shall have been fully complied with; but 
this provision shall not relieve any company, corporation or asso- 
ciation from the payment of any risk that may be taken in viola- 
tion hereof. 

§ 2. Any person or persons violating any of the provisions of 
this act shall be subject to indictment, and upon conviction 
thereof, in any court of competent jurisdiction, shall be fined in 
any sum not exceeding one thousand (1,000) dollars, or imprisoned 
in the county jail, not exceeding six (0) months, either or both 
in the discretion of the court. The amount of said tax or license 
fee may also be recovered of said corporation, company or associa- 
tion, or its agent, by an action in the name, and for the use of 
any such city, town or village as for money had and received: 
Jr'rovided, that this act shall only apply to such cities, towns and 
villages as have an organized fire department, or maintain some 
organization for the prevention of fires. 

§ 3. All acts or parts of acts in conflict with the provisions of 
this act are hereby repealed. 

This bill, having remained with the Governor for the period of ten days, Sundays excepted, after 
having been presented to him, and he having neither approved the same, nor returned it with his 
objections thereto, to the House in which it originated, and the Ueneral Assembly being in session, 
It becomes a law in like manner as if he had signed it. 

Witness my hand this 31st day of May, A. D. 1^)95. 

W. H. HINRTCHSEV. 

Hecrtlary of State. 



lOG CLERKS OF COURTS. 



WARRANTS OF MUNICIPAL CORPORATIONS TO BEAR INTEREST. 

g 1. Municipal warrants to bear b% interest unless paid within thirty days— Notice. 

An Act to provide for payment of interest on warrants of municipal 

corporations. 

Section 1. Be it enacted hy the People of the State of Illi- 
nois, represented in the ixeneral Assembly: That whenever any 
warrants shall hereafter be lawfully drawn by the proper officers 
of any city, village or town for the payment of money out of any 
particular fund in anticipation of the collection of a tax hereto- 
fore levied for such fund, such warrants shall, unless paid within 
thirty days after their issuance, bear interest, payable out of such 
fund and tax levy, at the rate of five per centum per annum 
from their respective dates until paid, or until notice shall be 
given by publication in a newspaper, or otherwise, to their hold- 
ers that the money for their payment is available and that they 
will be paid on presentation. 

Approved June 15, 1895. 



CLERKS OF COURTS. 



IN RELATION TO FEE BILLS. 

§ 1. Amends the act of 1859 by providing that fee bills may be issued at any time within T instead 

of 11 years, after judgment. 

An Act to amend "An act in relation to issuing fee bills,'' ap- 
proved and in force February 24, 1859. 

Section 1. Be it enacted by tJie People of the Stale of Illinois, 
represented in the General Assembly: That an act entitled "An 
act in relation to issuing fee bills," approved and in force Feb- 
ruary 24, 1859, be and the same is hereby amended to read as 
follows : 

Section 1. That hereafter, any clerk of any court of 
record in this State may upon proper precipe filed in his office 
therefor,, issue fee bills for costs at any time within seven (7) 
years after the rendition of the judgment or accruing of the right 
to issue the same; which fee bills shall have the same force and 
effect as if issued within the year next succeeding the judgment. 

Approved June 21, 1895. 



OFFICES OF CLERKS OF COURT. 

§ 1. Amends section 6 of the Act of 1874 by providing that courts may, by rule, fix the office 

hours of clerks. 

An Act to amend section six of an act entitled "An act to revise 
the law in relation to clerks of courts,''' approved March 25, 
1874. 

Section 1. Be it enacted by the People of the Stcde of Illi- 
nois, represented in the General Assembly: That section six of 



CONVEYANCES. 



107 



an act entitled "An act to revise the law in relation to clerks of 
courts," approved March 25, 1874, be, and the same is hereby 
amended, so as to read as follows: 

Section 6. The clerks of the Circuit Courts and of the Superior 
and Criminal Courts of Cook county, and the clerks of the Coucty 
Courts shall keep their offices at the court house of their re- 
spective counties, or at such other place as may be provided for 
them by the authorities of their respective counties, and shall 
keep their offices open, and attend to the duties thereof from eight 
o'clock A. M. to six o'clock P. M. of each working day: Provided, 
that in counties of two hundred thousand population or over, the 
clerks of the counts herein named shall keep their offices open 
and attend to the duties thereof during such hours on each day, 
and on such days, as may be ordered by the rule of the court in 
such county, which rule may be changed from time to time as 
the judge or judges of said court may see fit. 

Appeoved June 17, 1895. 



CONVEYANCES. 



§5 

§ 6. Registrar's liability. 



Attorneys to be appointed examiners of 
titles. 



BRINGING LAND UNDER ACT. 

§ 7. Application for registration of lands. 

J 8. Fee simple to be first registered. 

§9. Lesser estate, etc., to be noted on certifi- 
cate of title. 

§ 10. Title by tax sale. 

§ 11. Application— Form and requisites. 

§ 12. Any number of pieces of land may be in- 
cluded iu one application. 

§ 13. Amendment of application. 

I 14. Examination of applicant's title. 

§ 15. Issuance of certificate of title. 

§16. Withdrawal of application. 



§ 17. 



LAND TITLES. 

RECORDERS EX-OFFICIO REGISTRARS. 

§ 1. Recorders to be ex-officio Registrars. 

§ 3. Registrar's bonds. 

§ 3. Deputies— Powers and duties. 

§ 4. Registrar and deputy debarred from 
practicing as attorney while in office. 



Written opinion of two examiners neces- 
sary. 



§ 18. Death of applicant. 
I 19. 



List of first registrations to be published 
weekly. 

CERTIFICATE OF TITLE. 

§ 20. Certificates of tit'e — Requisites. 

§21. Certificates of title— Form. 

§22. Tenants in common may receive certifi- 
cates for entirtty or undivided share. 

§ 23. New certificates. 

§24. Loss of duplicate certificate supplied by 
certified copy of original certificate. 

THE REGISTER. 

§ 25. Register of Titles. 

§ 26. Receipt for duplicate certificate of title. 

§ 27. When deemed to be registered. 

§28. When transier deemed to be registered. 

EFFECT OF REGISTRATION. 

§ 2'3. Rights of registered owner. 

§ 30. Title to regiHtered land by length, of 
possession precluded. 



108 



CONVEYANCES. 



^31. Fraud— Effect of in transfer. 

§ 32. Specific performance — Certificate of title 
conclusive evidence of plaintiff 's title. 

§ 33. Ejectment, etc. , certificate conclusive in 
evidence. 

I 34. Registers of land and copies conclusive 
copies. 

■§ 35. Memorial to be carried forward. 

g 36. Agreement implied, to run with land, 
that it be subject to terms of act. 

f 37. Suits for recovery— Limitation, 5 years. 
f 38. Notice of adverse title, counter claim, 
etc. 

TRANSFER. 

§ 39. Conveyance. 

§ 40. When part of land transferred— New cer- 
tificate. 

§ 41. File marks on deeds, etc. 

§ 42. Instruments to remain in Registrar's 
oflSce. 

§43. Present forms of instruments sufficient. 

g 44. Endorsement upon instruments pre- 
sented for registration. 

§ 45. Deeds, etc., to take effect only as con- 
tracts—Transfer to be perfected on 
completion of registration. 

§ 46. Where transfer registered. 

I 47. What certiflcate shall state. 



MOBTGAGES, LEASES AND OTHER CHARGES. 

I 48. Mortgages, liens, etc., may be regis- 
tered . 

I 49. Proceedings. 

§ 50. Trust deed subject to same rules as a 
mortgage. 

§51. Of duplicates or triplicates, only one to 
be filed. 

§ 52. Certified copies. 

§ 53. Assignment of charge or interest. 

§ 54. Release, discharge, surrender — How 
effected . 

i 55. Charges -Enforced as now provided by 

law. 

ATTORNEYS IN FACT. 

§ 56. Power of attorney to be filed. 

TRUSTS, CONDITIONS AND LIMITATIONS. 

§ 57. Conditions, limitations, etc., to be 
noted on instruments filed. 



§58. Registration of same. 

TRANSMISSION. 

§59. Upon death of owner. 

§ 60. Personal representative of deceased 
owner to file copies of letters of ad- 
ministration, or will, etc. 

§ 61. Administrator or executor to sell only 
on order of court. 

§ 62. Powers of administrator or executor. 

§ 63. Executor entitled to transfer. 

§64. Executor, under will empowering him to 
sell. 

§ 65. Proof of heirship— Conclusive evidence. 

§ 66. Probate court may order sale of land. 

§ 67. Court may direct transfer to heirs or 
devisees of registe/ed lands in antici- 
pation of final distribution. 

§ 68. Final distribution. 

DEALINGS OIF ASSIGNEES, RECEIVERS, MAS- 
TERS, ETC. 

§69. In assignments, receiverships, etc., cer- 
tified copy of order of court to be filed 
— Memorial. 

§ 70. Powers of assignee upon filing of me- 
morial. 

TAX SALES. 

§ 71. Memorial of tax sale— Certificate —Duty 
ol holder— Notice. 

§ 72. Effect of tax deed— Certificate of title not 
to be issued for two years. 

LIS PENDENS— NOTICE. 

§73. J) octrijie ot lis ijendens as governed by 
this act. 

§ 74. When judgment or decree becomes lien. 

ATTACHMENT, EXECUTION, ETC., LIENS. 

§ 75. When lien arises under attachment, exe- 
cution, etc. 

§76. Claim under lien law. 

§ 77. Claimants of lien — AfiSdavit— Memorial. 

§78. Statutory lien— Memorial. 

§ 79. Cancellation of liens by Registrar. 

PROCEEDINGS IN Ca.i.NCEBY. 

§ 80. Jurisdiction of courts sitting in chan- 
cery . 

§81. Remedy of person aggrieved. 



CONVEYANCES. 



109 



§ 82. Court may award damages and attor- 
ney's fees. 

INDICES. 

§ 83. Registrar to keep reference tract indices. 
S 84. Alphabetical Indices. 

PENALTIES. 

§ 85. Fraudulent procurement of certificate of 
title— Penalty. 

§ 86. Forgery, etc., penalty. 

§ 87. Remedy over. 



FEES. 

§ 88. Fee of Registrar. 

§89. Act to be liberally construed. 

§ 90. Bringing land under act— charges of 
Registrar . 

§91. Investment of funds. 

§ 92. Damages. 

§ 93. Limitation. 

§ 94. Act to be submitted to the people. 



An Act concerning land titles. 



RECORDERS EX-OPFICIO REGISTRARS. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That recorders and ex- 
officio recorders of deeds in the several counties in this State shall 
be registrars of titles in their respective counties. Their deputies 
shall be deputy registrars. All laws relative to recorders and their 
deputies, including their compensations, clerk hire and expenses, 
shall extend to registrars and their deputies, so far as the same 
may be applicable. 

§ 2. Every recorder and ex-officio recorder shall, before enter- 
ing upon his duties as registrar, give a bond, with sufficient se- 
curity, to be approved by the judge of the county court, payable 
to the People of the State of Illinois, in the penal sum of $50,000 
(except that in counties having a population of more than 100,- 
000 inhabitants, the penalty of the bond shall be $200,000), con- 
ditioned for the faithful discharge of his duties, and to deliver up 
all papers, books, records and other property belonging to the 
county or appertaining to his office as registrar of titles, whole, 
safe and undefaced, when lawfully required so to do, which bond 
shall be filed in the office of the Secretary of State and a copy 
thereof entered upon the records of the county court. 

§ 3. Deputies may perform any and all duties of the registrar 
in the name of the registrar, and the acts of such deputies shall 
be held to be the acts of the registrar, and in case of the death 
of the registrar or his removal from office, the chief deputy shall 
thereupon become the acting registrar until such vacancy shall be 
filled according to law, and he shall file a like bond and be vested 
with the same powers and subject to the same responsibilities and 
entitled to the same compensation as in the case of the registrar. 

§ 4. No registrar or deputy registrar shall practice as attorney 
or counselor-at-law, nor be in partnership, while in office, with any 
attorney or counselor-at-law so practicing. 



110 CONVEYANCES. 



§ 5. The registrar shall appoint, in his coanty, two or more 
competent attorneys, to be examiners of titles and legal advisers of 
the registrar. Their compensation shall be fixed in the same man- 
ner as that of deputy registrars. 

§ 6. The registrar shall be liable for any neglect or omission 
'of the duties of his office, when occasioned by a deputy or exam- 
iner of titles, in the same manner as for his own personal neglect 
iOr omission. 

BEINGING LAND UNDER ACT. 

§ 7. The owner of any estate or interest in land, whether legal 
or equitable, and whoever has the power of appointing or dispos- 
ing of the entire legal estate in fee simple, may apply to the regis- 
trar of the county in which the land is situated to have his title 
registered. He may apply in person or by an attorney in fact 
authorized so to do. A corporation may apply by its authorized 
agent; an infant, by his natural or legal guardian; any other per- 
son under disability, by his legal guardian. The person in whose 
behalf the application is made shall be named as applicant. 

§ 8. No mortgage, lien, charge or lesser estate than a fee simple 
shall be registered unless the fee simple to the same land is first 
registered. 

§ 9. It shall not be an objection to bringing land under this act, 
that the estate or interest of the applicant is subject to any out- 
standing lesser estate, mortgage, lien or charge, but every such 
lesser estate, mortgage, lien or charge shall be noted upon the 
certificate of title and the duplicate thereof, hereinafter provided 
for, and the title, or interest certified shall be subject only to 
such estates, mortgages, liens and charges as are so noted, except 
as herein provided. 

§ 10. No title derived through sale for any tax or assessment 
shall be entitled to be first registered, unless it shall be made to 
appear to the registrar that the applicant or he and those through 
whom he claims title have been in the actual and undisputed 
possession of the land under such title at least ten years, and shall 
have paid all taxes and assessments legally levied thereon for 
seven successive years of that time. 

§ 11. The application shall be in writing, signed and sworn to 
by the applicant or the person acting in his behalf. It shall set 
forth substantially: a. The name and place of residence of the 
applicant, and if the application is by one acting in behalf of 
another, the name and place of residence and capacity of the per- 
son so acting. 5. Whether the applicant (except in the case of a 
corporation) is married or not, and, if married, the name and 
residence of the husband or wife. c. The description of the land. 
d. The applicant's estate or interest in the same, and whether the 
same is subject to an estate of homestead, e. Whether the land 
is occupied or unoccupied, and if occupied, the name and postoffice 
address of each occupant, and what estate or interest he has or 



CONVEYANCES. Ill 



claims in the land. /. Whether the land is subject to any lien or 
incumbrance, and, if any, give the name and postoffice address of 
each holder thereof, and the nature and amount of the same, and, 
if recorded, the book and page of the record, g. Whether any 
other person has any estate or claims any interest in the land, in 
law or equity, in possession, remainder, reversion or expectancy, 
and if any, set forth the name and postoffice address of every such 
person and the nature of his estate or claim, h. If the applicant 
is a male, that he is of the full age of twenty- one years; \i a 
female, that she is of the full age of eighteen years. If the appli- 
cation is on behalf of a minor, the age of such minor shall be 
stated. If the application is by a husband or wife, the other shall 
by endorsement thereon acknowledged, as in case of deeds, signify 
his or her assent to the registration as prayed. 

§ 12. Any number of pieces of land in the same county, and 
owned by the same person, and in the same right, may be in- 
cluded in one application. 

§ 13. The application may be amended only by supplemental 
statement in writing, signed and sworn to as in the case of the 
original. 

§ 14. Upon such application being filed with the registrar, he 
shall cause examination to be made into the applicant's title to 
the land and as to the truth of the matter set forth in the appli- 
cation, and particularly whether the land is occupied; the nature 
of the occupation if occupied, and by what right, and shall notify 
all persons who shall appear by the application or otherwise to 
have any interest in, or lien or claim upon the land, of such appli- 
cation, — a copy of which notice shall be posted upon the premises 
in a conspicuous place at least ten (10) days before the granting 
of the certificate of title. No applicant for the registration of 
any interest in land under this act shall be required to furnish 
with his application an abstract ol title, or other evidence, except 
of instruments Avhich are not then of record in the office of the 
recorder of the county in which the land is situated; but it shall 
be the duty of the examiners to examine, as the basis of their 
opinion, the full records of all instruments which are then of 
public record iu said office, together with the original instruments, 
or abstracts thereof, of which the records have been destroyed by 
fire or otherwise. If any defects are found in the title which he 
thinks may be removed, he shall notify the applicant of the same 
and give him a reasonable time to remove such defects before 
finally passing upon his application. 

§ 15. If it shall be made to appear to the registrar that the 
facts stated in the application are true, and that the applicant is the 
owner of the land, or interested therein as set forth in the appli- 
cation, he shall issue a certificate of title, and proceed to bring 
the land under the operation of this act as hereinafter provided. 
Otherwise he shall dismiss the application without prejudice, and 
return the papers to the applicant. 



112 CONVEYANCES. 



§ 16. Any applicant may, upon payment of all fees due, with- 
draw his application for registration at any time prior to the 
issuing of a certificate of title, and the registrar shall, in such 
case, upon request in writing signed by such applicant, return to 
him all abstracts of title, deeds and other instruments deposited 
by him for the purpose of supporting his application. 

§ 17. No certificate of title shall be issued in any case until 
the written opinion of at least two examiners shall be filed with 
the registrar to the effect that the applicant has a good title to 
the estate or interest in the land as stated in the application; and 
if the same is subject to any lesser estate, mortgage, lien or 
charge particularly specifying the same. The estate of homestead 
shall be included in the term lesser estate. 

§ 18. In case the applicant shall die between the application 
and the completion of the registration, the same may be complet- 
ed in the name of the applicant, and the title to the land shall 
devolve in like manner as if the registration had been completed 
prior to the death of such applicant. 

§ 19. The registrar shall as often as once in each week make 
out and publish in a newspaper published in his county, a list of 
all first registrations effected during the preceding week. The 
notice must contain a short description of the land, the name of 
registered owner and date of registration. Letters and figures 
may be used. As fast as such lists are published, the registrar 
shall post a copy of the same in his office, and keep the same so 
posted for the space of six months. He shall also immediately 
upon the registration of any land, make an entry thereof upon 
the tract index, with a reference to the book and folium of the 
register where the same is registered. 

CERTIFICATE OF TITLE. 

§ 20. Certificates of title shall be numbered consecutively. 
Every first and subsequent certificate of title shall be in dupli- 
cate, and bear date the day and year of its issue, and be under 
the hand and official seal of the registrar, one copy of which 
shall be retained by the registrar and be known as the original, 
and the other to be known as the duplicate, shall be delivered to 
the owner. It shall state whether the owner, except in the case 
of a corporation, is married or not married, and, if married, the 
name of the husband or wife. If the owner is a minor, it shall 
state his age; if under any other disability, the nature of the dis- 
ability. The registrar shall note at the end of each certificate, 
original and duplicate, in such manner as to show and preserve 
their priorities, the particulars of all estates, mortgages, incum- 
brances, liens and charges, to which the owner's title is subject. 

§ 21. The certificate of title may, subject to such changes as 
the case may require, be substantially in the following form: 



CONVEYANCES. 113 



State of Illinois, ) 

County, f 

of ( residence, and if a 

miuor give his age; if under other disability, state the nature of 
the disability) married to (name of husband or wife, or if not 
married say not married) is the owner of an estate in fee simple 
(or as the case may be) in the followiog land (here describe the 
premises) subject to the estates, easements, incumbrances and 
•charges hereunder noted. (In case of trust, condition or limita- 
tion, say "in trust" or "upon condition" or "with limitation" as 
ihe case may be. ) 

Witness my hand and official seal this (date). 

[seal.] Registrar. 

§ 22. In all cases where two or more persons are entitled as 
tenants in common to an estate in registered land, such persons 
may receive one certificate for the entirety, or each may receive 
a separate certificate for his undivided share. 

§ 23. Upon the application of any registered owner of land 
held under separate certificates of title, or under one certificate, 
and delivering up such certificate or certificates of title, the regis- 
trar may issue to such owner a single certificate of title for the 
whole of such land, or several certificates, each containing a por- 
tion of such land in accordance with such application, and as far 
as the same may be done consistently with any regulations at the 
time being in force, respecting the parcels of laud that may be 
included in one certificate of title, and upon issuing any such 
certificate of title, said registrar shall endorse on the last previous 
certificate of title of such land so delivered up a memorial, set- 
ting forth the occasion of such cancellation and referring to the 
volume and folium of the new certificate or certificates of title so 
issued. 

§ 24. In the event of a duplicate certificate of title being lost, 
mislaid or destroyed, the owner, together with other person?, if 
any, having knowledge of the circumstanceg, may make affidavit 
before the registrar or before any officer authorized to adcninister 
oaths, stating the facts of the case, the names and description of 
registered owners, and the particulars of all mortgages, encum- 
brances or other matters affecting such land and the title thereto, 
to the best of applicant's knowledge and belief, and the registrar, 
if satisfied as to the truth of such affidavit, and the bona fides of 
the transacfcioQ, shall issue to the owner a certified copy of the 
■original certificate, with the memorials, and notations appearing 
upon the register, and shall note upon the register the fact, cause 
and date of such issue, and shall also mark upon such certified 
•copy, "Owner's certified copj'^, issued in place of lost (mislaid or 
destroyer!, as the case may be) certificate," and such certified 
copy shall stand in the place of and have like effect as the miss- 
ing duplicate certificate. 



114 CONYEYANCES. 



THE REGISTER. 

§ 25, The registrar shall keep a book, to be known as the 
"Register of Titles," wherein he shall enter all original certificates 
of title by binding or writing them therein, in the order of their 
numbers, with appropriate blanks for the entry of memorials and 
notations allowed by this act. Each certificate, with such blanks, 
shall constitute a separate folium of such book. All memorials 
and notations that may be entered upon the register under the 
terms of this act shall be entered upon the folium constituted by 
the last certificate of title of the land to which they relate. 

§ 26. Before the delivery of any duplicate certificate of title, a 
receipt for it in the handwriting of the owner may be required 
by the registrar to be signed by him when practicable, so as to 
prevent, so far as may be, personation or forgery. Where such 
receipt is signed or acknowledged in the presence of the registrar 
or a deputy, it may be witnessed by such officer. If signed else- 
where, it may be acknowledged before any officer authorized to 
take acknowledgments of deeds. 

§ 27. In every case of first registration of land or an estate 
or interest therein, the same shall be deemed to be registered 
under this act, when the registrar shall have marked upon the 
certificate of title, in duplicate, the volume and folium of the regis- 
ter in which the original may be found. 

§ 28. Every transfer of registered land shall be deemed to be 
registered under this act, when the new certificate to the trans- 
feree shall have been marked, as in the case of first registration; 
and all other dealing shall be considered as registered, when the 
memorial or notation thereof shall have been entered in the reg- 
ister upon the folium constituted by the existing certificate of 
title of the land. But, for the protection of the transferee or 
person claiming through any transfer or dealing, the registration 
shall relate back to the time of filing in the register's office, the 
deed, instrument or notice pursuant to which the transfei;' me- 
morial or notation is made. 

EFFECT OF REGISTRATION. 

§ 29. The registered owner of any estate or interest in land 
brought under this act shall, except in case of fraud to which he 
is a party, or of the person through whom he claims without 
valuable consideration paid in good faith, hold the same subject 
only to such estates, mortgages, liens, charges and interests as may 
be noted in the last certificate of title in the registrar's office, and 
free from all others except: First — Any subsisting lease or agree- 
ment for a lease for a period not exceeding five years where there 
is actual occupation of the land under lease. The term lease shall 
include a verbal letting. Second — All public highways embraced 
in the description of the lands included in the certificate shall b» 
deemed to be excluded from the certificate. Third — Any subsisting 



CONVEYANCES. 115 



right of way or other easement, however created, upon, over 
or in respect of the land. Fourth — Any tax or special assessment 
for which a sale of the land has not been had at the date of the cer- 
tificate of title. Fifth — Such right of action or counter-claim as 
is allowed by this act. Sixth — The right of any person in posses- 
sion of and rightfully entitled to the land, or any part thereof, or 
any interest therein adverse to the title of the registered owner at 
the time when the land is first brought under this act, and con- 
tinuing in said possession until the issuance of such last certifi- 
cate of title. 

§ '60. After land has been registered, no title thereto, adverse 
or in derogation to the title of the registered owner, shall be ac- 
quired by any length of possession merely. 

§ 31. Except in case oE fraud, and except as otherwise herein 
provided, no person taking from the registered owner a transfer 
of registered land or any estate or interest therein, or of any 
charge upon the same, shall be held to inquire into the circum- 
stances under which or the consideration for which the estate or 
interest of such owner or any previous registered owner was regis- 
tered, or be effected with notice, actual or constructive, of any un- 
registered trust, lien, claim, demand or interest in the land and 
the knowledge that any unregistered trust, lien, claim, demand or 
interest is in existence, shall not of itself be imputed as fraud. 

§ 32. In any suit for specific performance brought by a regis- 
tered owner of any land under the provisions of this act, against 
a person who may have contracted to purchase such land, not 
having notice of any fraud, or other circumstances, which, accord- 
ing to the provisions of this act, would affect the right of the 
vendor, the certificate of title of such registered owner shall be 
held in every court to be conclusive evidence that such registered 
owner has a good and valid title to the land, and for the estat© 
or interest therein mentioned or described. 

§ 33. In any action or proceeding brought for ejectment, par- 
tition or possession of land, the certificate of title of a registered 
owner shall be held in every court to be conclusive evidence, ex- 
cept as herein otherwise provided, that such registered owner has 
a good and valid title to the land, and for the estate or interest 
therein m-entioned or described; and that such registered owner is 
entitled to the possession of said land, except as against any per- 
son rightfully claiming possession under some estate, mortgage, 
lien or charge noted on the certificate. 

§ 34. The register of any land and duly credited copies thereof 
shall, except as herein otherwise provided, be received in law and 
in equity as evidence of the facts therein stated, and as conclusive 
evidence that the person named therein as owner is entitled to the 
land for the estate or interests therein specified. The words "heirs 
and assigns" shall not be necessary to create a fee simple estate 
of inheritance. 



]16 CONVEYANCES. 



§ 35. Whenever a memorial lias been entered as permitted by 
this act, the registrar shall carry the same forward upon all cer- 
tificates of title until the same is cancelled in some manner author- 
ized by this act. 

§ 36. All dealings with land or any estate or interest therein, 
after the same has been brought under this act, and all liens, in- 
cumbrances and charges upon the same subsequent to the first 
registration thereof, shall be deemed to be subject to the terms of 
this act, and to such amendments and alterations as may here- 
after be made. The bringing of laud under this act shall imply 
an agreement, which shall run with the land, that the same shall 
bo subject to the terms of the act and all amendments and alter- 
ations thereof. 

§ 37. With the exceptions mentioned in section twenty-nine, no 
p>^rsoia shall commence any action at law or in equity for the re- 
covery of land, or assert any interest, right in, or lien or demand 
upon the same or make entry thereon, adversely to the title or 
iiiterest certified in the first certificate bringing the land under 
the operation of this act, unless within five years after the first 
registration. It shall not be an exception to this rule that the 
person entitled to bring the action or make the entry is an in- 
fant, lunatic, or is under any disability, but action may be 
brought by such person by his next friend or guardian. It shall 
be the duty of the guardian, if there is any, to bring action in 
the name of his ward, whenever it is necessary to preserve or en- 
force the ward's rights in registered land. 

§ 38. Any person having any interest, right, title, lien or de- 
mand, whether vested, contingent or inchoate, in, to, or upon register- 
ed land, which existed at the time the land is first registered, and 
upon or for which no cause of action shall have accrued at the 
date of the registration of the land, may, prior to the expiration 
of said five years after such registration, file in the registrar's 
oflice a notice, under oath, setting forth his interest, right, title, 
lien or demand, and how and under whom derived, and the charac- 
ter and nature thereof, and if such notice or counter-claim is so 
filed, an action may be brought to assert or recover, or enforce 
the same at any time within one year after the right of action 
shall have accrued thereon, or at any time within the period of 
five years after said first registration, and not afterwards. It shall 
be the duty of a life tenant or trustee to file such counter-claim 
on behalf of any remainderman or reversioner, whether the re- 
mainder or reversion be at the time vested or contingent, and of 
a guardian to file such counter-claim on behalf of his ward. 

TEANSFEK. 

§ 39. A registered owner of land desiring to transfer his whole 
estate or interest therein, or some distinct part or parcel thereof, 
or some undivided interest therein, or to grant out of his estate 
an estate for life or for a term of not less than ten years, may 



CONVEYANCES. 117 



execute to the intended transferee a deed or instrument of con- 
veyance in any form authorized by law for that purpose. And 
upon filing such deed or other instrument in the registrar's oftice 
and surrendering to the registrar the duplicate certificate of title, 
and upon its being made to appear to the registrar that the trans- 
ferrer has the title or interest proposed to be transferred and is 
entitled to make the conveyance and that the transferee has the 
right to have such estate or interest transferred to him, he shall 
issue in duplicate and register as hereinbefore provided, a new 
certificate certifying the title to the estate or interest in the land 
desired to be conveyed to be in the transferee, and shall note 
upon the original and duplicate certificate the date of the transfer, 
the name of the transferee and the volume and folium in which 
the new certificate is registered, and shall stamp across the origi- 
nal and surrendered duplicate certificate the word "cancelled," in 
whole or part, as the case may be. 

§ 40. When only a part of the land described in a certificate 
is transferred, or some estate or interest in the land is to remain 
in the transferrer, a new certificate shall be issued to him for the 
part, estate or interest remaining in him. 

§ 41. The registrar shall mark as filed every deed, mortgage, 
lease and other instrument which may be filed in his ofiice in the 
order of its receipt, and shall note thereon, at the date of filing, 
the minute, hour, day and year it is received. When the date of 
filing any instrument is required to be entered upon the register, 
it shall l3e the same as that endorsed upon such instrument. 

§ 42. All instruments, notices and papers required or permitted 
by this act to be filed in the ofiice of the registrar shall be re- 
tained and kept in such ofiice. 

§ 43. Like forms of deeds, mortgages, leases and other instru- 
ments as are now or may hereafter be suflicient in law for the 
purpose intended, may be used in dealing with registered land 
and any estate or interest therein. 

§ 44. On all instruments presented to the registrar for regis- 
tration, shall be endorsed the name and address of the person so 
presenting the same, and all notices by the registrar or other 
person, relating to the land therein described, may be served on 
such person at such address. The address may be changed from 
time to time by such person filing with the registrar a written 
notice of such change. 

§ 45. A deed, mortgage, lease or other instrument purporting 
to convey, transfer, mortgage, lease, charge or otherwise deal with 
registered land, or any estate or interest therein, or charge upon 
the same, other than a will or a lease not exceeding five years 
where the land is in actual possession of the lessee or his assigns, 
shall take effect only by way of contract between the parties 
thereto, and as authority to the registrar to register the transfer, 
mortgage, lease, charge or other dealing upon compliance with 
the terms of this act. On the completion of such registration, 



118 CONVEYANCES. 



the land, estate, interest or charge shall become transferred, mort- 
gaged, leased, charged or dealt with according to the purport and 
terms of the deed, mortgage, lease or other instrument. 

§ 46. No transfer of title to land, or any estate or interest 
therein, or mortgage, shall be registered until it shall be made to 
appear to the registrar that the land has not been sold for any 
tax or assessment upon which a deed has been given and the 
title is outstanding, or upon which a deed may thereafter be given, 
nor until it shall appear that the dower, right of dower and estate 
of homestead, if any, have been released or extinguished, unless 
the transfer or mortgage is intended to be subject thereto, in 
which case it shall be so stated in the certificate of title. 

§ 47. Every certificate of title to land shall state whether the 
transferee (except when the latter is a corporation) is married or 
not married, and if married the name of the husband or wife. 
The transferee shall furnish the registrar the necessary inforaaa- 
tion before he shall be entitled to have the land transferred to 
iiim on the register. 

MORTGAGES, LEASES AND OTHER CHARGES. 

§ 48. Every mortgage, lease for a term not exceeding ten 
years, contract to sell, and other instrument intended to create a 
lien, incumbrance or charge upon registered land or any interest 
therein, shall be deemed to be a charge thereon, and may be reg- 
istered as hereinafter provided. 

§ 49. On the filing of the instrument intended to create the 
charge in the registrar's office, and the production of the dupli- 
cate certificate of title, and it appearing to the registrar that the 
person intending to create the charge has the title and right to 
create such charge, and that the person in whose favor the same 
is sought to be created is entitled by the terms of this act to 
have the same registered, he shall enter upon the proper folium 
of the register, and also upon the duplicate certificate, a memo- 
rial of the purport thereof, and the date of filing the instrument 
with a reference thereto by its file number, which memorial shall 
be signed by the registrar. The registrar shall also note upon 
the instrument on file, the volume and folium of the register where 
the memorial is entered. 

§ 50. A trust deed in the nature of a mortgage shall be deemed 
to be a mortgage, and is subject to the same rules as a mortgage. 

§ 51. AVhen any mortgage, lease or other instrument creating 
or dealing with a charge upon registered land or any estate or 
interest therein is in duplicate, triplicate or more parts, only one 
of the parts need be filed and kept in the registrar's office, but 
the registrar shall note upon the register whether the same is 
in duplicate, triplicate, or as the case may be, and shall also 
mark upon the others "mortgagee's duplicate," "lessor's duplicate," 
"lessee's duplicate," or as the case may be, and note upon the 



CONVEYANCES. 119 



same the date of filing and the volume and folium of the register 
where the memorial is entered, and deliver them to the parties 
entitled thereto. 

§ 52. When an instrument is not executed in a sufficient num- 
ber of parts for the convenience of the parties, the registrar may 
make and deliver to each of the parties entitled thereto, certified copies 
of the instrument tiled in his office, with the endorsements thereon, 
marking the same "mortgagee's certified copy," ''lessor's certified 
<;opy," or as the case may be, and shall note upon the register 
the fact of issuing such copies. Such certified copies shall have 
the same force and effect, and be treated as duplicates. 

§ 53. The holder of any charge upon registered land, desiring 
to transfer the same or any part thereof, may execute an assign- 
ment of the whole or any part thereof, and upon such assignment 
being filed in the office of the registrar and the production of the 
•duplicate or certified copy of the instrument creating the charge 
held by the assignor, the registrar shall enter in the register, op- 
posite the charge, a memorial of such transfer, with a reference 
to the assignment by its file number; he shall also note upon the 
instrument on file in his office intended to be transferred, and upon 
the duplicate or certified copy thereof produced, the volume and 
folium where the memorial is entered, with the date of the entry. 
The transferee shall be entitled to have a certified copy of the 
instrument of transfer, with the endorsement thereon, and, in case 
of the transfer of the entire charge, the duplicate or certified 
copy of the instrument creating the charge. 

§ 54. A release, discharge or surrender of a charge, or any 
part thereof, or any part of the land charged, may be affected in 
the same way as above provided in the case of a transfer. In 
case onl}^ a part of the charge or of the land is intended to be re- 
leased, discharged or surrendered, the entry shall be made ac- 
cordingly, but when the whole is released, discharged or surren- 
dered, at the same or several times, the regist ar shall stamp 
across the instrument on file, and tbe memorial thereof, and the 
duplicate or certified copy produced, the word, "cancelled." 

§ 55. All charges upon registered land, or any estate or interest 
in the same and any rights thereunder, may be enforced as now 
allowed by law, and all laws with reference to the foreclosure and 
release or satisfaction of mortgages shall apply to mortgages upon 
registered lands, or any estate or interest therein, except as herein 
otherwise provided, and except that, until notice of the pendency 
of any suit to enforce or foreclose, such charge is filed in the 
registrar's office and a memorial thereof entered on the register, 
the pendency of such suit shall not be notice to the registrar, or 
any person dealing with the land, or any charge thereon. 

ATTORNEYS IN FACT. 

§ 56. Before any person can convey, charge, or otherwise deal 
with any registered land, or any estate or interest therein, as 
attorney in fact for another, the deed or instrument empowering 



120 CONVEYANCES. 



him so to act shall be filed with the registrar and a memorial 
thereof eatered upon the register in like manner as in the case of 
a charge. If the attorney shall so desire, the registrar shall de- 
liver to him a certified copy of the power of attorney, with the 
endorsements thereon. Revocation of a power may be registered 
in like manner. 

TEUSTS, CONDITIONS AND LIMITATIONS. 

§ 57. Whenever a deed or other instrument is filed in the reg- 
istrar's ofiice for the purpose of effecting a transfer of or charge 
upon registered lands, or any estate or interest in the same, and 
it shall appear that the transfer or charge is to be upon some 
trust, condition or limitation expressed in such deed or instru- 
ment, the registrar shall, unless such deed or instrument expressly 
directs to the contrary, note in the certificate and the duplicate 
thereof, or memorial, the words "in trust," or "upon condition,"' 
or "with limitations," as the case may be, and no transfer of or 
charge upon or dealing with the land, estate or interest shall 
thereafter be registered, except upon the written opinion of two ex- 
aminers that such transfer, charge or dealing is in accordance 
with the true intent and meaning of the trust, condition or limit- 
ation. 

§ 58. If the registrar is satisfied that the proposed transfer, 
charge or other dealing is in accordance with the true intent and 
meaning of the trust, condition or limitation, he shall proceed to 
register the same, and such registration shall be conclusive evi- 
dence in favor of the person taking such transfer, charge or other 
right, and those claiming under him, in good faith aad for a val- 
uable consideration, that such transfer, charge or other dealing is 
in accordance with the true intent and meaning of the trust, con- 
dition or limitation. 

TRANSMISSION. 

§ 59. Lands and any estate or interest therein, registered pur- 
suant to this act, shall, upon the death of the owner, go to the 
personal representatives of the deceased in like manner as per- 
sonal estate, whether the owner dies testate or intestate, and shall 
be subject to the same rules of administration as if the same 
were personalty, except as otherwise provided in this act, and 
except that the rule of division shall be the same as in the descent 
of real property. 

§ 60. Before the personal representative of a deceased owner 
of registered land or any estate, or interest therein, shall deal 
■with the same, he shall file in the registrar's ofiice, a certified 
copy of his letters of administration, or if there is a will, a certi- 
fied copy of the same and of the letters testamentary, or of 
administration with the will annexed, as the case may be, and 
shall produce the duplicate certificate of title, and thereupon the 
registrar shall enter upon the register and the duplicate certifi- 



CONVEYANCES. . 12t 



cate a memorial thereof, with a reference to the letters or will 
and letters, by their file number, and the date of filing the same. 

§ 61. Except in the case of a will devising the lands to an 
executor to his own use, or upon some trust, or giving to the 
executor power to sell, no sale or transfer of registered land shall 
be made by the executor, or by an administrator in the course of 
administration, for the payment of debts or otherwisp, except in 
pursuance of an order of a competent court obtained as provided 
by law, 

§ 62. But a memorial of the will and letters testamentary or 
of letters of administration being first entered upon the register, 
as herein provided, the executor or administrator may deal with 
mortgages, leases and other personal interests, in or upon regis- 
tered land, as if he were the registered owner thereof. 

§ 63. Where it appears by the will, a certified copy of which, 
with the letters testamentary, is filed, as provided in this act, 
that registered land is devised to the executor to his own use, or 
upon some trust, the executor may have the land transferred to 
himself upon the register in like manner, and subject to like terms- 
and conditions and with like rights, as in the case of a transfer 
pursuant to deed filed in the registrar's office. 

§ 64. When the will of a deceased owner of registered land or 
any estate, or interest therein, empowers the executor to sell, con- 
vey, incumber, charge or otherwise deal with the land, it shall 
not be necessary for such executor to be registered as the owner, 
but a certified copy of the will and the letters teatamentaly being 
filed as provided in this act, such executor may sell, convey, 
incumber, charge or otherwise deal with the land pursuant to the 
power m like manner, as if he were the registered owner, subject 
to the like conditions as to the trust, limitations and conditions 
expressed in the will, as in case of trusts, limitations and con- 
ditions expressed in a deed. 

§ 65. Before making distribution of undevised registered land, 
the executor or administrator shall file in the registrar's office, a 
certified copy of the proof of heirship, made in the probate or 
county court, as the case may be, which shall be conclusive evi- 
dence in favor of all peisons thereafter dealing with the land that 
the persons therein named as the only heirs- at-law of the deceased 
owner are such heirs. 

§ 66. The court of probate may, for the purpose of distribution 
of the estate, order registered land, or any estate, or interest 
therein, to be sold by the executor or administrator, and upon the 
filing of a certified copy of the order of sale and order of con- 
firmation of the sale, and the deeds, in pursuance of the same, in 
the registrar's office, a transfer of the land, estate or interest to 
the purchaser may be made upon the register, as in the case of 
other sales, by deed. 

§ 67. Whenever, after the expiration of the time fixed for th& 
adjuBtment of claims against the estate of the dec'-ased, and after 
proof of heirship, it shall be made to appear to the court of pro- 



122 CONVEYANCES. 



bate that the estate will justify it, the court may direct the execu- 
tor or administrator to make over and transfer to the devisees or 
heirs, or some of them, in anticipation of the final distribution, a 
portion or the whole of the registered lands to which they might 
be entitled on final distribution. And upon the filing of a certified 
copy of such order in the registrar's ofiice, the executor or admin- 
istrator may cause such transfer to be made upon the register in 
like manner as in case of a sale. The laud so transferred shall 
be held free from all liens or claims against the estate. In the 
proceedings to procure such direction such notice shall be given 
as the court of probate may direct. 

§ 68. For the purpose of final distribution, the court of probate 
may determine the right of all persons in registered lands, or any 
estate or interest therein of the deceased, declare and enforce the 
rights of devisees, heirs, pereons entitled to dower and homestead, 
and others, assign dower and homestead, and make partition and 
distribution according to the rights of the parties. The court may 
.give direction to the executor or administrator as to the transfer 
of registered laud, and any estate or interest therein to the devisees 
or heirs, or tenants in common, or otherwise, as shall appear to 
the court to be most convenient, consistently with the rights of 
ihe parties, or as the parties interested may agree. 

DEALINGS OF ASSIGNEES, EECEIVEKS, MASTEKS. ETC. 

§ 69. Before an assignee for the benefit of creditors, receiver, 
master in chancery, special commissioner, or other person appointed 
by court shall deal with or transfer registered land or any estate 
or interest therein, he shall file in the registrar's office a certified 
copy of an order of the court showing that such assignee, receiver, 
master in chancery, special commissioner, or other person, is au- 
thorized to deal with or transfer such land, estate or other interest, 
and if it is in the power of such person, he shall present to the 
registrar the duplicate certificate of title; and thereupon the regis- 
trar shall enter upon the register and the duplicate certificate, if pre- 
sented, a memorial thereof, with a reference to such order by its 
file number. In the case of a deed of the land to the assignee or 
receiver, the same shall be filed in registrar's office as in other 
.cases. 

§ 70. Such memorial having been entered, the assignee, re- 
ceiver, master in chancery, special commissioner, or other person, 
may, subject to the direction of the court, deal with or transfer 
such land as if he were the registered owner. 

TAX SALES. 

§ 71. The holder of any certificate of sale of registered land or 
any estate, or interest therein for any tax, assessment or imposi- 
tion, shall, within three months after date of sale, present the same 
to the registrar, who shall thereupon enter on the register of the 



CONVEYANCES. 123 



land a memorial thereof, stating the day of sale and the date of pres- 
entation, and shall also note upon the certificate of sale the date of 
presentation and the book and page of the register where the 
memorial is entered. The holder of such certificate shall also, 
within the same time, mail to each of the persons who appear by 
the register to have any interest in the land, a notice of the regis- 
tration of such certificate. Unless such certificate is presented and 
registered, and notice given as herein provided within the time 
above mentioned, the land shall be forever released from the effect 
of such sale, and no deed shall be issued in pursuance of such 
certificate. When it shall appear by the affidavit of the holder of 
the certificate filed with the registrar that the place of residence 
of any person interested in the land can not upon diligent inquiry 
be ascertained, the requirement of this section as to mailing notice 
shall not apply to such person. 

§ 72. A tax deed of registered land, or an estate or interest 
therein, issued in pursuance of any sale for tax or assessment 
made after the taking effect of this act, shall have only the effect 
of an agreement for the transfer of the title upon the register, 
and may be filed in the registrar's office, and a transfer effected 
as in case of other deeds of conveyance. But no certificate of 
title shall be issued thereon until the expiration of two years 
after the date of filing such deed, nor unless the deed is so filed 
within sixty days of its date, nor unless it shall be made to ap- 
pear to the registrar that the time for redemption allowed by law 
to any minor heir, idiot or insane person interested in the land 
has expired, nor unless it shall appear to the registrar that all 
persons appearing upon the registrar to be interested in the land, 
whose places of residence can, upon diligent inquiry, be ascer- 
tained, and the person who appears by the collector's books to 
liave paid the tax last paid before the sale on which the deed is 
issued, and every person in occupation of the land, has had at 
least ninety days' notice of the application for such certificate of 
title, and that the terms of this act have been complied with. 
The notice required may be given upon persons residing in the 
county by personal service, and upon persons living out of the 
county by mail. Any person interested in the land may show as 
cause why such certificate of title shall not issue, any fact that 
might be shown on a bill in equity on his behalf to set aside 
such deed. 

LIS PENDENS, NOTICE. 

§ 73. No suit, bill, or proceeding at law or in equity, for any pur- 
pose whatever, affecting registered land, or any estate or interest 
therein, or any charge upon the same, shall be deemed to be 
lis pendens or notice to any person dealing with the same, until 
a certificate of the pendency of such suit, bill or proceeding, 
under the hand and official seal of the clerk of the court in which 
it is pending, shall be filed with the registrar and a memorial 
thereof entered by him upon the register of the last certificate of 



124 CONVEYAKCES. 



the title to be affected. This section shall not apply to attach- 
ment proceedings when the officer making the levy shall file his 
certificate of levy as herein provided, 

§ 74. No judgment, or decree or order of any court shall be a. 
lien upon or affect registered land, or any estate or interest- 
therein, until a certificate, under the hand and official seal of the 
clerk of the court in which the same is of record, stating the date 
and purport of the judgment, decree or order, or a certified copy 
of such judgment, decree or orcjer, is filed in the office of the- 
registrar and a memorial of the same is entered upon the register 
of the last certificate of the title to be effected. 

ATTACHMENT, EXECUTION, ETC., LIENS. 

§ 75. Whenever registered land is levied upon by virtue of 
any writ of attachment, execution or other process, it shall be the 
duty of the officer making such levy to file with the registrar a 
certificate of the fact of such levy, a memorial of which shall b& 
entered upon the register, and no lien shall arise by reason of 
such levy until the filing of such certificate and the entry in the 
register of such memorial, any notice thereof, actual or construct- 
ive, to the contrary notwithstanding. 

§ 76, The claim authorized by "An act to revise the law in 
relation to liens" may, in the case of registered land, be filed in 
the registrar's office instead of with the clerk of the circuit court, 
and being so filed, a memorial thereof shall be entered by the 
registrar, as in the case of other charges, and proceedings to en- 
force the lien may be had, as provided in said act. Until it is so> 
filed and registered, no such lien shall be deemed to have been 
created. 

§ 77. Any person making any claim to or asserting any lien 
upon registered land not shown upon the register, or adverse t'> 
the title of the registered owner, and no other provision is herein 
made for asserting the same in the registrar's office, may make 
affidavit thereof, setting forth his interest, right, title, lien or de- 
mand, and how and under whom derived, and the character and 
nature thereof. The affidavit shall state his place of residence, 
also his place of business, if he has one, and designate a place at 
which all notices relating thereto may be served. Upon the filing: 
of such affidavit in the office of the registrar, the latter shall 
enter a memorial thereof, as in the case of a charge, 

§ 78. No statutory or other lien shall be deemed to affect 
the title to registered land until after a memorial thereof is entered 
upon the register, as herein provided, 

§ 79. The certificate of the clerk of the court in which any 
suit, bill or proceeding shall have been pending, or any judgment 
or decree is of record, that such suit, bill or proceeding has been 
dismissed or otherwise disposed of, or the judgment, decree or 
order has been satisfied, released, reversed or overruled, or of any 
sheriff or other officer that the levy of any execution, attachment 



CONVEyANCES. 125 



or other process certified by him, has been released, discharged 
or otherwise disposed of, being filed in the registrar's office and 
noted upon the register, shall be sufficient to authorize the registrar 
to cancel or otherwise treat the memorial of such suit, bill, pro- 
<593dia», jadg[n3nt, decree or levy, according to the purport of such 
certificate. 

PROCEEDINGS IN CHANCERY. 

§ 80. Whenever any person interested in registered land or any 
estate or interest therein or charge upon the same, shall be 
entitled to have any certificate of title, memorial or other entry 
upon the register cancelled, removed or modified, and the registrar 
or person whose duty it shall be to cancel, remove or modify the 
same, or do any act towards the same, shall upon requpst, fail or 
refuse so to do, or is absent from the county, or cauuot be found, 
or for any reason such request cannot be made upon him, a court 
of equity may, upon bill or petition by the person interested, 
make such order as may be according to equity in the premises, 
and upon a certified copy of such order being filed in the registrar's 
office, the registrar shall make such cancellation, removal or modi- 
fication as shall be decreed in such order. 

§ 81. Any person feeling himself aggrieved by the action of 
the registrar, or by his refusal to act in any manner pertaining to 
the first registration of laud or any estate or interest therein, or 
any subsequent transfet of or charge upon the same, the filing, 
or neglect or refusal to file any instrument, or to enter or cancel 
any memorial notation, or to do any other thing required of him 
by this act, or on account of any mistake or omission of the reg- 
istrar, may file his bill or petition in equity in any court of com- 
petent jurisdiction, making the registrar and other persons, whose 
interest may be effected, parties defendant, and the court may 
proceed therein as in other cases in equity, and mike such order 
or decree as shall be according to equity in the premises and the 
purport of this act. When it shall appear by the allegations of 
the bill or petition to be appropriate to the relief required, the 
court may hear and determine all matters affecting the title or 
interest of the petitioner or complainant and for the quieting of 
the title and removing of clouds therefrom. The provisions of the 
act entitled, "An act to regulate the practice in courts of chan- 
cery," so far as they may be applicable, shall apply to cases 
brought under this act. 

§ 82. The court may, in any case contemplated in sections 
eighty and eighty-one, in addition to the costs, award such dam- 
ages, including reasonable attorney's fees, as it shall deem just in 
the premises. 

INDICES. 

§ 83. The registrar shall keep tract indices, in which shall be 
entered the lands registered in the numerical order of the town- 
ships, ranges, sections, and in cases of subdivisions, the blocks 



126 CONVEYANCES. 



and lots therein, and the names of the owners, with a reference to 
the volume and folium of the register in which the lands are 
registered. 

§ 84. He shall also keep alphabetical indices, in which shall 
be entered, in alphabetical order, the names of all registered owners 
and all other persons interested in or holding charges upon reg- 
istered land, a short description of the land and nature of the 
dealing, with a reference to the volume and folium of the register 
in which the land is registered. 

PENALTIES. 

§ 85. Whoever fraudulently procures, assists in fraudulently 
procuring, or is privy to the fraudulent procurement of any cer- 
tificate of title or other instrument, or of any entry in the register 
or other book kept in the registrar's oflice, or of any erasure or 
alteration in any entry in any said book, or of any instrument 
authorized by this act, or knowingly defrauds or is privy to de- 
frauding any person by means of a false or fraudulent instrument, 
certificate, statement or affidavit affecting registered land, shall be 
guilty of a misdemeanor and fined not exceeding five thousand 
dollars, and imprisoned not exceeding five years, or either, or both, 
in the discretion of the court. 

§ 86. (1) Whoever forges, or procures to be forged, or assists 
in forging the seal of the registrar, or the name, signature, or 
handwriting of any officer of the registry office, in cases where 
such officer is expressly or impliedly authorized to affix his sig- 
nature; or, (2) Fraudulently stamps or procures to be stamped, 
or assists in stamping any document with any forged seal of said 
register; or, (3) Forges or procures to be forged or assists irt 
forging the name, signature, or handwriting of any person whom- 
soever, to any instrument which is expressly or impliedly author- 
ized to be signed by such person; or, (4) Uses any document 
upon which any impression, or part of the impression, of any seal 
of said register has been forged, knowing the same to have been 
forged, or any document the signature to which has been forged, 
knowing the same to have been forged, or swears falsely concern- 
ing any matter or procedure made and done in pursuance of this 
act, shall be imprisoned in the penitentiary not exceeding ten 
years, or fined not exceeding one thousand dollars, or both fined 
and imprisoned, in the discretion of the court. 

§ 87. No proceeding or conviction for any act hereby declared 
to be a misdemeanor or a felony shall affect any remedy which 
any person aggrieved or injured by such act may be entitled to 
at law or in equity against the person who has committed &uch 
act or against his estate. 

FEES. 

§ 88. The fees of the registrar shall be as follows: On the 
filing of any application for first registration, the applicant shall 
advance the sum of $15, which shall be in full of all services of 



CONVEYANCES. 127 



the registrar and examiners, up to the granting of the certificate 
of title. "When the application includes titles derived from more 
than one source, an additional sum of $5 for each source shall be 
advanced. 

For granting certificate of title upon each application, and 

registering the same $2 00 

For registering each transfer, including the filing of all 
instruments connected therewith, and the issue and reg- 
istration of the new certificate of title 3 00 

When the land transferred is held upon any trust condi- 
tion or limitation, an additional fee of 5 00 

For entry of each memorial on the register, including the 
filing of all instruments and papers connected therewith, 
and endorsements upon duplicate certificates 3 00 

For filing copy of will with letters testamentary, or filing 
copy of letters of administration, and entering memorial 
thereof 5 00 

For the cancellation of each memorial or charge 1 00 

For each certificate showing the condition of register 1 00 

For any certified copy of register or any instrument or writing 
on file in his ofiice, the same fees now allowed by law to recorders 
of deeds for like services. All fees collected by the registrar or 
other officer, under this act, shall be paid into the county treas- 
ury once in every 30 days. 

§ 89. This act shall be construed liberally as far as may be 
necessary for the purpose of affecting its general intent. 

§ 90. Upon the first bringing of land under the opera- 
tion of this act consequent upon the application of the owner, as 
hereinbefore provided, and upon the issuance of a certificate of 
title pursuant to section seventy-two (72), and also upon the 
eaitry of a new certificate showing some one either by devise or 
by descent as registered owner, there shall be paid to the regis- 
trar one-tenth of one per cent, of the value of such land. Such 
value shall be ascertained by the registrar. 

§ 91. All sums of money received as aforesaid shall be 
paid by the registrar to the county treasurer of the county in 
which the land is situated, for the purpose of an indemnity fund 
under the terms of this act. It shall be the duty of the treas- 
urer to invest all of said fund, principal and income, in his hands 
from time to time, if not immediately required for payments of 
indemnities, in the manner herein provided, and report annually 
to the county court the condition and income thereof. All invest- 
ments of the fund, or any part thereof, shall be made with the 
approval of said court, by order entered of record. The said fund 
shall be invested only in the bonds and securities of the United 
States, or of this State, or counties, or other municipalities of 
this State. 

§ 92. Any person sustaining loss or damage through any 
omission, mistake or misfeasance of the registrar, or of any 



128 CONVEYANCES. 



■examiner of titles, or of any deputy or clerk of the registrar, in 
the performance of their respective duties under the provisions of 
this act, and any person wrongfully deprived of any land or any 
interest therein, through the bringing of the same under the pro- 
visions of this act, or by the registration of any other person or 
■owner of such land, or by any mistake, omission or misdescription 
in any certificate, or in any entry or memorandum in the registry 
book, and who by the provisions of this act is barred or in any 
way concluded from bringing ^.n action for the recovery of such 
land or interest therein, or claim upon the same, may bring an 
action at law against the treasurer of the county in which such 
land is situated for the recovery of damages to be paid out of 
the indemnity fund. If such action be for the recovery of loss 
or damage arising only through any omission, mistake or misfeas- 
ance of the registrar, or of any examiner of titles, or any deputy 
or clerk of the registrar in the performance of their respective 
duties under the provisions of this act, then the county treasurer 
shall be the sole defendant for such action. J3ut if such action 
be brought for loss or damage arising only from the fraud or 
-wrongful act of some person or persons other than the registrar, 
his examiner of titles, deputies and clerks, or arising jointly 
through the fraud or wrongful act of such other person or per- 
sons, and the omission, mistake or misfeasance of the registrar, 
his examiners of titles, deputies or clerks, then such action shall 
be brought against both the county treasurer or such person or 
persoDS aforesaid. In all such actions where there are defeudauts 
other than the county treasurer, and damages shall have been 
recovered, no final judgment shall be entered against the county 
treasurer until execution against the other defendants shall be 
returned unsatisfied in whole or in part, an/i the officer returning 
the execution shall certify that the amount still due upon the 
execution can not be collected except by application to the indem- 
nity fund. The court being satisfied of the truth of such return 
made upon proper showing may order the amount of the execu- 
tion and cost, or such part as shall remain unpaid, to be paid by 
the county treasurer out of the indemnity fund. It shall be the 
duty of the State's attorney of the county, or the county attor- 
ney, if there be one, to appear and defend all suits that may 
afiPect such fund. 

§ 93. No action or proceeding for compensation for, or 
by reason of, any deprivation, loss or damage occasioned or sus- 
tained as provided in this act, shall be made, brought or taken, 
except within the period of ten years from the time when the 
right to bring or take such action first accrued, except, that if at 
the time when such right of action first accrued, the person 
entitled to bring such action or take such proceeding is 
within the age of twenty-one years, or if a female, of the age 
of eighteen years, or insane, imprisoned or absent from the 
United States in the service of the United States, or of 
this State, such person or any one claiming from, by or under 



CONVEYANCES. 129 



him or her, may bring the action or take the proceeding at any 
time within two years after such disability is removed, notwith- 
standing the time before limited in that behalf has expired. 

Section 94. The provisions of this act shall not apply to land 
in any county until this act shall have been adopted by a vote 
of the people of the county at an election to be held on Tuesday 
next after the first Monday in November of the year in which the 
question is submitted. The question may be submitted in the fol- 
lowing manner: In any county of the first or second class as the- 
same are classified in the act "concerning fees and salaries," on 
the petition of not less than one-half of the legal voters to be 
ascertained by the vote cast at the last preceding election for 
county officers, or in any county of the third class upon the 
petition of not less than twenty- five hundred legal voters praying 
the submission of the question of the adoption of this act, the 
clerk shall give notice that such question will be submitted at 
such election, and shall cause to be printed on the ballots to be 
used for said election: "For the Torrens land title system," 
"Against the Torrens land title system." The votes cast upon 
that question shall be counted, canvassed and returned as in the 
case of the election of county officers. If the majority of the 
votes cast on that subject shall be for the Torrens land title sys- 
tem this act shall thereafter be in force and apply to lands in 
that county. 

Approved June 13, 1895. 



TO CURE DEFECTS IN CERTAIN INSTRUMENTS. 

§ 1. Defects cured and instruments made legal. I §2. Certified copies In evidence. 

An Act to cure defects m the certificates of actcnowledgments of 
deeds, mortgages and, ottier instruments in writing taJcen before 
commissioners for tfiis State in any of tfie other states or ter- 
ritories of the United States or District of Columbia, and to 
legalize the record of sucJi deeds, mortgages and other instru- 
ments in writing, and to provide tiie manner in wliich the 
original and certified copies from the records of tJie same may 
be used in evidence. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the Oeneral Assembly: That all deeds, mortgages 
and other instruments in writing relating to or affecting any lands, 
tenements or hereditaments situated within this State which have 
been acknowledged or proved before any commissioner for this 
State in any of the states or territories of the United States or in 
the District of Columbia, and which have been or may be re- 
corded in the county where such lands, tenements or heredita- 
ments do actually lie, shall be adjudged and treated by all courts 
as legally executed, acknowledged and recorded, notwithstanding 

—9. 



130 COEPOEATIONS. 



no city or town within which such acknowledgment was taken is 
specified or mentioned in the certificate of such commissioner, 
and notwithstanding no certificate under the hand and ofiicial seal 
of the Secretary of State of this State be subjoined or affixed to 
the certificate of such commissioner that such commissioner was, 
at the time of taking such proof or acknowledgment, duly author- 
ized to take the same, and that the Secretary is acquainted with 
the handwriting of such commissioner or Las compared the sig- 
nature to such certificate with the signature of such commissioner 
deposited in his office, and that he verily believes the signature 
and the impression of the seal of the said certificate to be genuine. 

§ 2. Certified copies from the records properly authenticated, 
shall be received in all courts and places as evidence of the due 
execution and recording of every such deed, mortgage or other 
instrument in favor of the person or persons who claim or desire 
to deduce title under any such deed, piortgage cr other instru- 
ment: Provided, hoivever, that the person or persons offering in 
evidence any such deed, mortgage or instrument or certified copy 
thereof shall exhibit with the original or with a certified copy of 
the same from the records thereof duly authenticated, a certificate 
of the Secretary of State of this State under his hand and official 
seal that the commissioner before whom the same purports to 
have been acknowledged was, on the day of the date of such 
acknowledgment, a commissioner for this State in the state or 
territory where such deed, mortgage or other instrument was 



acknowledged. 

Appeoved June 17, 1895. 



COEPOEATIONS. 



DISSOLUTIOK OF CORPORATIONS. 



§ 1. Non-user of franchise— Proceedings. 

§ 2. Bill in chancery. 

f 3. Process. 

§ 4. Affidavit of Attorney General -unnecessary. 



§ 5. Practice. 

§ 6. Separate docket. 

§ 7 Decree of dissolution. 

§ 8. Coats. 



An Act providing for the dissolution of corporations in certain 

cases. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That whenever the 
board of directors, managers, trustees or officers of any corpora- 
tion existing by virtue of any general or special law of this State, 
or any corporation hereafter organized by virtue of any law of 
this State, has ceased to do business as a corporation, or has dis- 
continued the exercise of corporate functions, such corporation 
shall be deemed to have abandoned its corporate franchises and it 
shall be lawful for the Attorney General to institute proceedings, 



CORPORATIuNS. 131 



either in the circuit court of Sangamon county, or in the circuit 
court of such other county in this State as to him may seem best, 
for the dissolation of such corporation. 

§ 2. Such proceedings shall be commenced by filing in such 
court an information in the nature of a bill in chancery, stating 
the name and date of the organization of such corporation, the 
location of its principal office and the names of it-s directors, man- 
agers, trustees or officers, if known; that it has ceased to do busi- 
ness as a corporation, and has discontinued the exercise of cor- 
porate functions, and praying for its dissolution. 

§ 3. In proceedings under this act, process in the form of a 
summons in chancery, may issue out of the court, upon the filing 
of such information directed to the sheriff of the county in which 
the principal office of such corporation is, by its charter, located, 
and shall be served by delivering a copy thereof to the president 
of such corporation, if he can be found in such county, and if he 
cannot be found therein, then by leaving such copy with any clerk, 
secretary, superintendent or other agent of such corporation, and 
in case the sheriff having such process shall make return thereof 
that such president, clerk, secretary, superintendent or other agent 
of such corporation, cannot be found in his county, then the clerk 
of said court shall cause a notice to be published in some news- 
paper published in the county where the principal office of such 
corporation is located, which said notice shall contain a statement 
of the pendency of the proceeding, the names of the parties thereto, 
the title of the court and the time and place of the return of such 
summons, and shall be published at least once in each week for 
four successive weeks. And no default shall be taken upon such 
notice unless thirty days shall have intervened bat ween the date of 
the first publication of such notice and the first day of the term 
of court at which such default or proceeding is proposed to be 
taken. 

§ 4. It shall not be necessary for the Attorney General to file 
an affidavit showing such president, clerk, secretary, superintendent 
or other agent of such corporation resides or has gone out of the 
State, or on due inquiry can not be found, or is concealed so that 
process can not be served upon them, or that upon diligent in- 
quiry the places of residence of such officers or agents cannot be 
ascertained. 

§ 5. The practice in proceedings under this act shall be the 
same as in cases of chancery. 

§ 6. Suits and proceedings instituted under the provisions of 
this act shall be placed upon a separate docket by themselves, and 
stand for trial upon the call of such docket at such times during 
any term of such court as the judge thereof may order. 

§ 7. Upon the hearing of the information the court may decree 
a dissolution of such corporation, and upon notice by the Attorney 



132 COEPOEATIONS. 



General, in writing, of such decree being filed with the Secretary 
of State and entered upon the records of his office, the dissolution 
of such corporation shall be complete. 

§ 8. The costs of the court and of 'publication in proceedings 
under this act shall be paid out of any moneys in the treasury 
not otherwise appropriated, upon certified fee bills approved by the 
Attorney General. 

Approved June 17, 1895. 



FEES FOR INCORPOKATION. 

§ 1. Increases fees for incorporation. | § 3. Repeal. 

g 2. Unlawful to do business until fee paid. | 

An Act regarding fees for the incorporation and the increase oj 
capital stock of companies and corporations in this State. 

Section 1. Be it enacted hy the People of the State of Illi- 
nois, represented in the General Assembly: That all companies and 
corporations hereafter organized under the laws of the State of Illinois 
shall pay to the Secretary of State, before there shall issue a certificate 
O- incorporation to the same, fees as follows: All companies hav- 
ing a capital stock of $2,500 and under shall pay the sum of $30. 
And all companies having a capital stock of over $2,500 and not 
over $5,000 ehall pay the sum of $50. And all companies having 
a capital stock of over $5,000 shall pay in addition to the said 
sum of $50 the sum of $1 for each $1,000 of capital stock over 
$5,000. All companies at present organized and doing business 
under the laws of this State, that may hereafter increase their 
capital stock, shall pay as a fee in addition to all other fees at 
present required by law, the sum of $1 for each $1,000 of increase 
of such capital stock: Provided, that this act shall not apply to 
corporations incorporated under the law providing for the incor- 
poration of homestead associations and building and loan associ- 
ations, nor to religious associations, nor to corporations not for 
pscaniary profit. 

§ 2. It shall be unlawful for any company to do business, as- 
suming to be incorporated under the laws of this State, until the 
fees provided for in section one (L) of this act shall have been 
paid to the Secretary of State. 

§ 3. All acts and parts of acts in conflict with the provisions 
of this act are hereby repealed. 

Approved June 15, 1895. 



COfirORATIONS. 133 



DISSOLUTION OF COKPORATIOXS— VOLUNTAKV, 

§ 51. Notice of meeting. 



§ 1. Amends act of Wi by adding new sec- 
tions, as follon's: 

•§50. Dissolution- Submission of to stock- 
holders. 



§ 52. Vote— Record. 

§ 53. When dissolution recognized. 



An Act to amend an act entitled "An act concerning corpora- 
tions.'" approved April 18, 1872, in force July 1, 1872, by pro- 
viding for the voluntary dissolution of corjwrations organized 
or hereafter organized upon the stock 2jlan thereunder, by 
adding thereto four sections to be Slumbered sections 50, 51, 52 
and 53 respectively. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That an act entitled 
*'An act concerning corporations," approved April 18, 1872, in 
force July 1, 1872, be and the same is hereby amended so as to 
provide for the voluntary dissolution of corporations organized or 
hereafter organized upon the stock plan thereunder, by adding 
thereto the following sections, to be numbered section 50, section 
51, section 52, and section 58, resj ejtively: 

§ 50. Whenever two-thirds of the stockholders of any corpora- 
tion organized or hereafter ojganized under the provisions of this 
act upon the stock plan may desire to abandon the corporate en- 
terprise, surrender their charter, franchises and corporate name, 
and dissolve the corporation, it shall be the duty of the board of 
directors or managers thereof to submit the question of such dis- 
solution to a vote of the stockholders at any annual or a special 
meeting of such stockholders to be called and held as herein pro- 
vided. 

§ 51. Such special meeting shall be called by delivering per- 
sonally or depositing in the postoffice at least thirty days before 
the time fixed for such meeting a notice properly addressed to 
each stockholder, signed by a majority of said directors or man- 
agers, stating the time, place and object of said meeting, and a 
general notice of the time, place and object of such meeting shall 
also be published for three successive weeks in some newspaper 
published in the county wherein the principal office of said cor- 
poration is located. 

§ 52. At such meeting, stockholders shall vote in person, each 
stockholder being entitled to one vote for each share of stock held 
by him, and votes represented by at least two-thirds of the whole 
capital stock of such corporation shall be necessary to affect a dis- 
solution thereof, and if at any such meeting said stockholders 
shall in the manner herein provided agree to dissolve said cor- 
poration, they shall cause a complete record of all proceedings 
taken with respect thereto, reciting therein the adoption of a reso- 
lution to that effect., which shall also show that the corporate 
debts have been fully paid, the corporate liabilities completely dis- 
charged, and the corporate assets and property distributed among 



134 



COEPOEATIONS. 



all the persons entitled thereto, to be made and signed by the 
president, and the adoption thereof and recitals therein verified 
by his sworn affidavit, and attested by the secretary under his 
signature and the corporate seal. Said rf cord shall be filed in the 
office of the recorder of deeds of the county wherein the principal 
office of such corporation is located and by him recorded and a 
notice of such dissolution published for three successive weeks in 
any newspaper published within such couniy, and within three 
months after such dissolution shall have been so agreed upon, the 
record aforesaid, bearing thereon the certificate of recordation 
executed by the recorder of deeds of the proper county, shall be 
filed in the office of the Secretary of State. 

§ 53. The provisions of this act having been fully complied with» 
said corporation shall be deemed and taken to be diesolved in all 
courts and places whatsoever, ard from and after any such disso- 
lution hereunder, it shall be lawful for the Secretary of State to 
issue a license to any pereon or perfcns to incorporate under the 
name or names previously ufed by such corporation at any time 
after the dissolution thereof: Provided, that a msjority of the 
stockholders in number and amount of any such corporation en- 
joying such name shall have the exclusive privilege of becoming 
incorporated under the same name at any time within the said 
thirty days, according to the provisions of the act to which this 
is an amendment. 

Approved June 17, 1895. 



EDUCATIONAL INSTITUTIONS — INCOEPOEATION OF. 



§ 1. Trustees of institution receiTin^ land to 

form corporation. 
§ 2. Organization of board. 



§ 3. Serretai-y of State to issue certificate. 
§ 4. Powers and duties of corporation. 



An Act in relation io the incorporation of educational institutions. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That whenever property, 
real or personal has heretofore been or shall hereafter be devised 
or bequeathed by last will and testament, or granted, conveyed or 
donated by <leed or other instrument, to trustees, to be applied 
by them to the foundation and establishment in any of the cities, 
villages and towns of this State of any educational institution, it 
shall be lawful for tbe acting trustees in any such case, in order 
to promote the better establishment, maintenance and management 
of such iostitutiojj, to cause to be formed a corporation under the 
provisions of this act, with the rights, powers and privileges here- 
inafter provided for. 

§ 2. Such acting trustees may make, sign and acknowledge be- 
fore any officer authorized to take acknowledgements cf deeds in 
this State, and file in the office of the Secretary of State a state- 



CORPORATIONS. 135 



meet ia writing iu whicli shall be set forth the intent of such 
trustees to form a corporation under this act; a copy of the will 
or other instrument by which endowment of said educational in- 
stitution has been provided; the name adopted for the proposed 
corporation (which shall not be the name of any other corporation 
existing), the city, village or town in which the educational insti- 
tution and the principal place of business of the corporation will 
be located; the number of managers who may be denominated 
trustees, managers or directors of the corporation, and the names 
of the trustees, managers or directors who are to constitute the 
original board of such officers and who shall hold until their 
successors respectively are elected and qualified as in this act 
provided. 

§ 3. Upon the filing in his office of such a statement as 
aforesaid, the Secretary of State shall issue to the incorporators, 
under his hand and seal of State, a certificate of which the afore- 
said statement shall be a part, declaring that the organization of 
the corporation is perfected. The incorporators shall thereupon 
cause such certificate to be recorded in a proper record book for 
the purpose in the office of the recorder of deeds of the county 
in which the said educational institution is to be located, and 
thereupon the corporation shall be deemed fully organized, and 
may proceed to carry out its corporate purposes, and may receive 
by conveyance from the trustees under said will, deed or other 
instrument of donation the property provided by will or otherwise 
as aforesaid for the endowment of said educational institution, and 
may hold the same in whatever form it may have been received 
or conveyed by said trustees until such form shall be changed by 
the action of said corporation. 

§ 4. Organizations formed under this act shall be bodies cor- 
porate and politic, to be known under the names stated in the re- 
spective certificates or articles of incorporation, and by such cor- 
porate names they shall have and possess the ordinary rights and 
incidents of corporations, and shall be capable of taking, holding 
and disposing of real and personal estate for all purposes of their 
organization. The provisions of any will, deed or other instrument 
by which endowment is given to said educational institution and 
accepted by taid trustees, managers or directors shall, as to such 
endowment be a part of the organic and fundamental law of such 
corporation. The trustees, managers or directors oi any such cor- 
poration shall compose its members, and shall not be less than 
three nor more than seven in number, which number may be 
changed within said limits from time to time by the trustees, 
managers or directors of any such corporation, in such manner as 
may be provided iu their by-laws: Provided, hoicever, that the 
number of trustees, managers or directors shall never be less than 
the number of trustees provided by the will creating any such trust 
for the administration thereof; shall elect the officers of the cor- 
poration from their number, and shall have control and manage- 
ment of its affairs and property; may accept donations and in 
their discretion hold the same in the form in which are given, for all 



136 



COUNTIES. 



purposes of education, science, literature and art, germane to the 
object and purpose of said corporation. They may fill by election, 
subject to the approval of the Chief Justice, for the time being, 
of the Supreme Court of Illinois, vacancies occurring in their 
own number by death, incapacity, retirement or otherwise, and 
may make lawful by-laws for the management of the corporation 
and of the educational institution, which by-laws shall set forth 
what officers there shall be of the corporation, and shall define 
and prescribe their respective duties. They may appoint and 
employ, from time to time, such agents and employes as they 
may deem necessary for the efficient administration and conduct 
of the educational institution and other affairs of the corporation. 
Whenever any trustee, manager or director shall be elected to fill 
any vacancy, a certificate under the seal of the corporation, giving 
the name of the person elected, shall be recorded in the office of 
the recorder of deeds where the articles of incorporation are re- 
corded. The trustees, managers or directors of such corporation 
shall, in the month of January in each year, cause to be made a 
report to the Governor of the State for the year ending on the 
thirty- first day of December, preceding, of the condition of the 
educational institution and of the funds a ad other property of the 
corporation, showing the assets and investments of such corpora- 
tion in detail, 

Appeoved June 21, 1895. 



COUNTIES, 



SPECIAL PROVISIONS APPLICABLE TO COOK COUNTY — CIVIL SERVICE. 

13. Classification. 
13. Rules. 



1, .Amends section 61 of the Act of 1879, as 
amended by the act of 1887, as follows: 



Section 61. Board of Commissioners 
Cook county— Oath, et-;. 

1. Meetings— regular and special. 

2. President's vote. 

3. Appropriations — Veto. 

4. Powers and duties of board. 

5. Limitation of powers. 

6. Annual appropriation bill. 

7. Committees on finance and i)ublic 

service. 

8. Letting contracts. 

9. Officers and employes. 

10. Civil Service Commission. 

11. Removal ot commissioner— Va- 

cancy. 



14. Publication of rules— When in 

effect. 

15. Applicants — Examinations. 

16. Notice of examinations. 

17. Registers. 

18. Promotions. 

19. CJassified service -Appointments 

to. 

20. Exemptions. 

21. Removals. 

22. Commission's repoits. 

23. Investigations. 

24. Reports. 

25. Chairman and s >cretary. 



COUNTIES. 



137 



si6. County officers to aid roinniiseion 
— Rooms. 

27. Salaries and expenses. 

28. Appropriations. 

29. Frauds prohibited. 

30. Po'itlcal contrlljutions— Solicita- 

tion and receiving prohibited. 

.31. Political contributions from offi- 
cers or employ(?s prohibited. 

33. Assessment-sand contributions. 

33. Payments of political as-'^essments 

to public officers prohibited. 

34. .Abuse of political influence pro- 

hibited. 



35. Payment for place prohibited. 

36. Kecotnmeiidations In considera- 

tion of political service prohib- 
ited. 

37. Auditing officer. 

38. Appointments and removals to be 

certified to Comptroller. 

39. Payment of salaries. 

40. Production of witnesses, books 

and papers 

41. Penalties. 

41. Disqualification to hold office. 

42. What officers to j)rosecute. 



An Act to amend section sixty-one of an act entitled "An act to 
revise the law in relation to counties," approved March 31, 
W74, as amended by the act of May 20, 1879, relative to Cook 
county, as amended by act approved June 14, 1887, in force 
July 1, 1887. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section sixty-one 
of an act entitled "An act to revise the law in relation to coun- 
ties," approved and in force March 31, 1874, subsequently amended 
by the act of May 20, 1879, relative to Cook county, as amended 
by act approved June 14, 1887, in force July 1, 1887, be and the 
same is hereby so amended as to read as follows: 

§ Gl. The said commissioners shall, severally, before they enter 
upon the discharge of their duties, take the oath of office pre- 
scribed by the constitution, and they shall be known as the Board 
of Commissioners of Cook County, and as such board shall possess 
the powers, perform the duties, and be subject to the I'ules, regula- 
tions and restrictions hereinafter spec ified, that is to say : 

First, Said board of commissioners shall hold regular meetings 
on the first Monday of December, January, February, March, June 
and September in each year. It sha 11 be the duty of the president 
of the board of commissioners to c all special meetings of the 
board whenever in his opinion the same may be necessary, and 
he shall preside at all of the meetings of sail board, and gener- 
ally perform the duties usually performed by a presiding officer: 
Provided, that in the absence o£ the president, or of his inability 
to act, a president pro tern pore may be elected, who shall, during 
such absence or inability, possess all the powers and perform all 
the duties by law vested in ai.d required of the president. 

Second. The president of the board of commissioners shall 
have the same privilege o£ voting as any other commissioner, but 
he shall not have a casting vote upon any question upon which 
he has voted as commissioner. 



138 COUNTIES. 



Third. All resolutions or motions whereby any money shall be 
appropriated or by virtue of which any contract shall be made or 
any act done which may, directly or indirectly, or in any manner 
whatever, create any pecuniary liability on the part of said county, 
shall be submitted to said board of commissioners in writing or 
reduced to writing before any vote shall be taken thereon, and if 
adopted by the board, the same shall not take effect until after 
the same shall have been approved in writing by the president of 
said board, except as hereinafter provided. It shall be the duty 
of the clerk of said board to deliver to the president thereof, upon 
his request, the original (or a copy) of each resolution or motion 
so passed or adopted by said board as aforesaid within one day 
after its passage or adoption, and in case the president approves 
thereof, he shall sign the same and it shall thereupon be in full 
force and effect. In case the president shall not approve any such 
resolution or motion, he shall, within five da^-s after the receipt 
of the same as aforesaid, return it to the clerk of the said board, 
with his objections thereto in writing. Such veto by the president 
may extend to any one or more items or appropriations contained 
in any resolution making an appropriation or to the entire reso- 
lution, and in case the veto only extends to a part of such reso- 
lution making an appropriation, the residue thereof not embraced 
within the veto shall take effect and be in force from the time of 
the receipt by said clerk of such veto of such part. Upon the 
return ot any such resolution or motion by the president, with his 
objections thereto as aforesaid, the vote by which the same was 
passed shall be reconsidered by the board of commissioners as to 
so much thereof as may have been vetoed; and if, after such re- 
consideration, four-fifths of all the members elected to the board 
shall agree to pass the same by yeas and nays, to be entered on 
the journal, the same shall take effect, notwithstanding the pres- 
ident may have refused to approve thereof. In case the president 
shall fail or omit to either sign and approve or return with his 
objectioDS as aforesaid, any such motion or resolution which shall 
have been passed or adopted by the board within six days after 
it shall have been so passed or adopted, the same shall take effect 
without tbe approval of the president. 

Fourth. Said board of commissioners shall have the manage- 
ment of the affairs of said Cook county in the manner provided 
by law, and may exercise the same powers, perform the same 
duties, and shall be subject to the same rules, regulations and 
peualties prescribed by law for the board of supervisors in other 
counties, except as herein otherwise provided, and shall also be 
subject to the rules, regulations and restrictions herein provided. 

Fifth. The said board of commissioners shall have no power or 
authority to delegate to any committee or other person or persons 
the "power to act" when such "power to act" shall involve the 
letting of any contract or the expenditure of public money exceed- 
ing the sum of five hundred dollars (|500),and any action of said 
board, or of any committee thereof, or of any other person or 



COUNTIES. 139 



persons in violation of this section, shall be null and void. No 
money shall be appropriated or ordered paid by said county com- 
missioners, beyond the sum of live hundred dollars (.$500) unless 
such appropriation shall have been authorized by a vote of at least 
two-thirds of the members elected to the said county board. And 
no 6jSicer of Cook county or other person shall incur any indebted- 
ness on behalf of the county unless first authorized by said board 
of commissioners. 

Sixth. Said board of commissioners shall, within the first quar- 
ter of each fiscal year, adopt a resolution, to be termed the annual 
appropriation bill, in and by which resolution said board shall 
appropriate such sums of money as may be necessary to defray all 
necessary expenses and liabilities of said Cook county, to be by 
said county paid or incurred during and until the time of the 
adoption of the next annual appropriation bill under this section: 
Provided, that said board shall not expend any money or incur 
any indebtedness or liability on behalf of said county in excess of 
the percentage and several amounts now limited by law, and based 
on the limit prescribed in the constitution, when applied to the 
last previous assessment. Said appropriation bill shall specify the 
several objects and purposes for which such appropriatious are 
made, and the amount appropriated for each object or pmpose. 
The vote of said beard of commiesioners upon said appropriation 
bill shall be taken by yeas and nays, and the same shall be en- 
tered upon the journal. Said appropriation bill shall not take 
effect until after it shall have been once published in a newspaper 
published in Chicago, and said board shall provide for and cause 
said appropriation bill to be so published as aforesaid. After the 
adoption of such appropriation bill or resolution, the said board 
of ctimmissioners shall not make any further or other appropria- 
tious prior to the adoptivon or passage of the next succeeding an- 
nual appropriation bill, and the said board of commissioners shall 
have no power, either directly or indirectly, to make any contract 
or to do any act which shall add to the county expenditures or 
1 abilities in auy year, any thing or sum over and above the amount 
provided for in the annual appropriation bill for that fiscal year. 
No contract shall hereafter be made, or expense or liability in- 
curred by the said board of commissioners, or any member or com- 
mittee thereof, or by any person or persons for or in its behalf, 
notwithstanding the expenditure may have been ordered by the 
said board of commissioners, unless an appropriation therefor shall 
have been previously made by said board in manner afoiesaid: 
Provided, however, that nothing herein contained shall prevent the 
board of commissioners, by a concurring vote of four-fifths of all 
the commissioners (said vote to be taken by yeas and nays and 
entered upon the journal) from making any expenditures or in- 
curring any liability rendered necessary by any uuforseen casualty 
by fire, flood or otherwise, happening after the annual appropria- 
tion bill shall have been passed or adopted. Nor shall anything 
herein contained be construed to deprive the board of power to 



140 C0UNTIE8. 



provide for and cause to be paid from the county funds any charge 
upon said county imposed by law, without the action of the board 
of commissioners, including fixed salaries of officers required by 
law to be paid from the count}^ treasury, and to pay juror's fees 
and other charges fixed by law. 

Seventh. The board of commissioners shall establish and provide 
for the appointment of a committee on finance and a committee 
on public service. There shall be a superintendent of public 
service to be appointed by the president, by and with the consent 
of the board of commissioners, who shall hold his office for one 
year and until his successor is appointed; he may be suspended 
or removed by the president; he shall give a sufficient bond for 
the performance of his duties, and be subject to the oversight 
and supervision of the committee on public service. It shall be 
the duty of the superintendent, under authority of the board of 
commissioners, to purchase, receive and distribute all supplies 
necessary for the use and service of Cook counfcy and its various 
institutions, of whatever nature, except those wdiich are by law^ 
otherwise expressly provided for, and to keep accurate accounts 
of and vouchers for the same, which shall be open to the in- 
spection of the president and the committee on public service and 
to the public; he shall also perform all other duties relative to 
the public service which may be assigned to him by the board of 
commissioners, who shall make and maintain regulations for the 
conduct and government of the department of public service not 
inconsistent with this act. 

Eighth. All contracts for supplies, material ard work for the 
county of Cook shall be ]et to the lowest responsible bidder, after 
due advertisement, but if, in case of any emergency, it is neces- 
sary to purchase supplies not exceeding in amount $500, such pur- 
chase may be made by the superintendent in the open market, on 
authority given to him by the board of commissioners or the 
■committee on public service. All contracts for supplies, material 
or work for Cook county shall be approved by the board of com- 
missioners and signed by the president of the board, the superin- 
tendent of public service and the comptroller. Supplies shall be 
issued only on the requisitions of the responsible officers of the 
county institutions now or hereafter established by law, approved 
by the committee on public service. 

Ninth. All officers and employes of the County of Cook, in the 
■classification hereinafter provided for, except those whose election 
or appointment is otherwise provided for by law, and except those 
enumerated in paragraph twentieth of this section, shall be ap- 
pointed by the president of the board according to the provisions 
of this section; the salaries or rate of compensation of all officers 
and employes of said county, when not otherwise provided by law, 
shall be fixed by the board of commissioners, and shall be fixed 
prior to the adoption of the annual appropriation and shall not 
be changed during the year for which the appropriation is made; 
the board of commissioners shall also determine whether any or 
what amount of bond any officer or employe shall give 



COUNTIEB. 141 



Tenth. Civil sekvice commission. The president of the county 
board shall at the first regular meeting of the first day after July, 
A D. 1895, appoint three persons, who shall constitute and be 
known as the Civil Service Commission of said county, one for a 
term ending on the first Monday of December, A. D. 1895, one 
for a term ending on the first Monday of December, A. D. 1896, 
and one ending on the first Monday of December, A, D. 1897, 
and until their respective succecsors are appointed and qualified; 
and at the respective dates above named or soon thereafter the 
president shall in like manner appoint one person as the successor 
or a commission whose term shall then expire, to serve as a com- 
missioner for three yeari^, and until his successor is in like manner 
appointed and qualified. Two commissioners shall constitute a 
quorum; all appointments to such commission, both original and 
to fill vacancies, shall be so made that not more than two mem- 
bers shall at the time of appointment be members of the same 
political party. Said commissioner shall hold no other lucrative 
oflice or employment under the United States, the State of Illinois, 
or any municipal corporation or political division thereof. Each 
commissioner before entering upon the duties of his ofiice shall 
take the oath prescribed by the constitution of this State. 

Eleventh. Kemoval of commissioners— vacancy. The presi- 
dent may, in his discretion, remove any commissioner for incom- 
petence, neglect of duty or malfeasance in ofiice. The president 
shall, at the next regular meeting, report, in writing, any such re- 
moval to the board with his reasons therefor. Any vacancy in 
the office of civil service commissioner shall be filled by appoint- 
ment by the president. 

Twelfth. Classification. Said commissioners shall classify all 
the offices and places of employment in said county with reference 
to the examinations hereinafter provided for, except those offices 
and places mentioned in the t^^entieth paragraph of this section. 
The offices and places so classified by the commission shall con- 
stitute the classified civil service of said county, and no appoint- 
ments to any of such offices or places, or removals therefrom, shall 
be made, except under and according to the rules hereinafter men- 
tioned. 

Thirteenth. Eules. Said commission shall make rules to carry 
out the purposes of this act, and for examinations, appointments 
and removals in accordance with its provisions, and the commis- 
sion may, from time to time, make changes in the original rules. 

Fourteenth. Publication of rules— time of taking effect. 
All rules made as hereinbefore provided, and all changes therein 
shall forthwith be printed for distribution by said commission, 
and the commission shall give notice of the place or places where 
said rules may be obtained, by publication in one or more daily 
newspapers published in such county, a ad in each such publica- 
tion shall be specified the date, not less than ten days subsequent 
to the date of such publication, when said rules shall go into 
operation. 



142 COUNTIES. 



Fifteenth. Examinations. All applicants for offices or places 
in said classified service, except those mentioned in the twentieth 
paragraph of this section, shall be subjected to examination, which 
shall be public, competitive and free to all citizens of the United 
States, with specified limitations as to residence, age, health, habits 
and moral character. Such examinations shall be practical in 
their character and shall relate to those matters which will fairly 
test the relative capacity of the persons examined to discharge the 
duties of the positions to which they seek to be appointed, and 
shall include tests of physical qualifications and health, and when 
appropriate, of manual skill. No questions in any examination 
shall relate to political or religious opinion or affiliations. The 
commission shall control all examinations and may, when an ex- 
amination is to take place, designate a suitable number of per- 
sons, either in or not in the official service of said county, to be 
examiners, and it shall be the duty of such examiners, and, if in 
the official service, it shall be a part of their official duty without 
extra compensation, to conduct such examination as the commission 
may direct, and make return or report thereof to said commission, 
and the commission may at any tim^ substitute any other person, 
whether or not in such service, ia the place of any one selected, 
and the commission may themselves at any time act as such ex- 
aminers, and without appointing examiners. The examiners at any 
examination shall not all be members of the same political party. 

Sixteenth. Notice of examinations. Notice of the time and 
place and general scope of every examination shall be given by 
the commission by publication for two weeks preceding such ex- 
amination in a daily newspaper of general circulation published in 
said county, and such notice shall also be posted by said commis- 
sion in a conspicuous place in their office for two weeks before 
such examination. Such further notice of examination may be 
given as the commission shall prescribe. 

Seventeenth. Registers. From the returns or reports of the 
examiners, or from the examinations made by the commission, the 
commission shall prepare a register for each grade or class of 
positions in the classified service of said county of the person 
whose general average standing upon examination for such grade 
or class is not less than the minimum fixed by the rules of such 
commission, and who are otherwise eligible, and such persons 
shall take rank upon the registers as candidates in the order of 
their relative excellence as determined by examination, without 
reference to priority of time of examination. Said commission 
may strike off names of candidates from the register after they 
have remained thereon for more than two years. 

Eighteenth. Peomotions. The commission shall, by its rules, 
provide for promotions in such classified service on the basis of 
ascertained merit, examination and seniority in service, and shall 
provide, in all cases where it is practicable, that vacancies shall 
be filled by promotion. All examinations for promotion shall be 
competitive among such members of the next lower rank as desire 



COUNTIES. 143 



to submit themselves to such examination, and it shall be the duty 
of the commission to submit to the appointing power the names 
of not more than three applicants for each promotion having the 
highest rating. The method of examination and the rales govern- 
ing the same and the method of certifying shall be the same as 
provided for applicants for original appointment. 

Nineteenth. Appointments to classified service. The head of 
the institution, department or office in which a position classified 
under this act is to be filled, shall notify the president of the 
board and said commission of that fact, and said commission shall 
certify to the appointing officer the name and address of the can- 
didate standing highest upon the register for the class or grade 
said position belongs to, except that in cases of laborers where a 
choice by competition is impracticable, said commission may pro- 
vide by its rules that the selection shall be made by lot from 
among those candidates proved fit by examination. In making 
such certification, sex shall be disregarded, except when some 
statute, the rules of said commission or the appointing power 
specifies sex. Said appointing officer, meaning thereby the presi- 
dent of said board, shall notify said commission of each position 
to be filled separately, and shall fill such place by the appoint- 
ment of the person certified by said commission therefor, which 
appointment shall be on probation for a period to be fixed by said 
rules. At or before the expiration of the period of probation the 
officer having the power of appointment may, with the consent of 
said commission, discharge such person so appointed on probation 
upon assigning in writing to said commission his reasons therefor. 

Twentieth. Exemptions. The president of the board of com- 
missioners of Cook county shall with the advice and consent of the 
board appoint the warden of the county hospital, the superin- 
tendent of the insane asylum and poor house, the county agent, 
the county physician, the custodians of court house and criminal 
court building, the county attorney, the county architect, the com- 
mittee clerk of the county board, and the said officers and the 
superintendent of public service shall not be included in the said 
classified service. 

Twenty-first. Removals. No officer or employe in the classified 
civil service of the county, who shall have been appointed under 
the said rules and after said examination, shall be removed or dis- 
charged, except for cause, upon written charges and after an op- 
portunity to be heard in his own defense. Such charges shall be 
investigated by or before said civil service commission, or by or 
before some officer or board appointed by said commission, to con- 
duct such investigation. The finding and decision of such com- 
mission or investigating officer or board, when approved by said 
commission, shall be certified to the appointing officer and shall 
be forthwith enforced by such officer. Nothing in this act shall 
limit the power of any officer to suspend a subordinate for a rea- 
sonable period not exceeding thirty days. In the course of inves- 
tigation of charges, each member of the commission, and of any 
board so appointed by it, and any officer so appointed, shall have 



144 • COUNTIES. 



the power to administer oaths and shall have power to secure by 
its subpoena both the attendance and testimony of witnesses, and 
the production of books and papers relevant to such investigation. 
Nothing in this section shall be construed to require such charges 
or investigation in cases of laborers or persons having the custody 
of public money, for the safe keeping of which another person 
has given bonds. 

Twenty-second. Kepoets of commission. Immediate notice in 
writing shall be given by the appointing power to said commission 
of all appointments, permanent or temporary, made in such classi- 
fied civil service, and of all transfers, promotions, resignations, or 
vacancies from any cause in such service and of the date thereof, 
and a record of the same shall be kept by said commission. When 
any office or place of employment is created or abolished, or the 
compersation attached thereto altered, the officer or board making 
such change shall immediately report it in writing to said com- 
mission. 

Twenty-third. Investigations. The commission shall investi- 
gate the enforcement of this act and its rules, and the action of 
examiners herein provided for, and the conduct and action of the 
appointees in the classified civil service of said county. In the 
course of such investigation each commissioner shall have power 
to administer oaths, and said commission shall have power to 
secure by its subpoena both the attendance and testimony of 
witnesses and the production of books and papers relevant to such 
investigations. 

Twenty-fourth. Repoets of commission. Said commission shall 
on or before the first Monday of September of each year make 
to the president for transmission to the board of commissioners a 
report showing its own action, the rules in force, the practical 
effects thereof, and any suggestions it may approve for the more 
effectual accomplishment of the purposes of this act. The presi- 
dent may require a report from said commission at any time. 

Twenty-fifth. The civil service commission shall select one of 
their own number to act as chairman and one as secretary. The 
secretary shall keep the minutes of its proceedings, preserve all 
reports made to it, keep a record of all examinations held under 
its direction, and perform such other duties as the commission 
shall require. 

Twenty-sixth. Officees to aid — eooms. All officers of said 
county shall aid said commission in all proper ways in carrying 
out the provisions of this act, and at any place where examina- 
tions are to be held shall allow the reasonable use of public 
buildings for holding such examinations. The board of county 
commissioners shall cause suitable rooms to be provided for said 
commission at the expense of said county. 

Twenty-seventh. Salaeies and expenses. Each of said civil 
service commissioners shall receive a salary of fifteen hundred dollars 
a year, and said commission may also incur expenses not exceeding 
five hundred dollars a year for printing, stationery and other inci- 
dental matters. 



COUNTIES. 145 



Tweniy-eightk. Appropriations. A sufficient sum of money 
eiiall be appropriated each year by said board to carry out the 
provisions of this act in said county. If the board shall have 
already made the annual appropriation for county purposes for 
the current fiscal year, the board is authorized and required to 
pay the salaries and expenses of the civil service commission for 
such fiscal year out of the moneys appropriated for contingent 
purposes by said board. 

Twenty-ninth. Frauds prohibited. No person or officer shall 
willfully or corruptly, by himself or cooperation with one or more 
other persons, defeat, deceive or obstruct any person in respect to 
his or her right of examination, or corruptly or falsely mark, 
grade, estimate or report upon the examination or proper standing 
of any person examined hereunder, or aid in so doing, or will- 
fully or corruptly make any false representation concerning the 
same or concerning the person examined, or willfully or corruptly 
furnisli to any person any special or secret information for the 
purpose of improving or injuring the prospects or chances of any 
person so examined or to be examined, being employed or pro- 
moted. 

Thirtieth. No officer to solicit or receive political con- 
tributions. No officer or employe in the classified civil service 
of said county, or named in the twentieth paragraph of this sec- 
tion, shall solicit, orally or by letter, or receive or pay, or be in 
fany] manner concerned in soliciting, receiving or paying any as- 
sessments, subscriptions or contributions for any party or political 
purposes whatever. 

Thirty-first. No person to solicit political contributions 
FROM officers OR EMPLOYES. No person shall solicit, orally or by 
letter, or be in any manner concerned in soliciting any assess- 
ment, contribution or payment, for any party or for any political 
purpose whatever, from any officer or employe in the classified 
civil service of said county, or named in the twentieth paragraph 
of this section. 

Thirty- second. Assessments and contributions in public of- 
fices FORBIDDEN. No person shall in any room or building occu- 
pied for the discharge of official dutes by any officer or employe 
in the classified civil service of said county, or named in the 
twentieth paragraph of this section, solicit, orally or by written 
communication, deliver therein or in any other manner, or receive 
any contribution of money or other thing of value, for any party 
or political purpose whatever. No officer, agent, clerk or employ 6 in 
the classified civil service of said county, or named in the twentieth 
paragraph of this section, who may have charge or control of any 
building, office or room, occupied for any purpose of said govern- 
ment, shall permit any person to enter the same, for the purpose 
of therein soliciting or delivering written solicitations for, or re- 
ceiving or giving notice of any political assessment. 



—10 



146 COUNTIES. 



Thirty- third. Payments of political assessments to public 
OFFICERS PROHIBITED. No officer or employe in the classified civil 
service of said county, or named in the twentieth paragraph of 
this section, shall, directly or indirectly, give or hand over to any 
officer or employe, or to any senator or representative, or alder- 
man, councilman or commissioner, any money or other valuable 
thing on account of, or to be applied to, the promotion of any 
party or political object whatever. 

Thirty-fourth. Abuse of political influence prohibited. No 
officer or employe in said classified service, or named in the twen- 
tieth paragraph of this section, shall discharge, or degrade, or 
promote, or in any manner change the official rank or compensa- 
tion of any other officer or employe, or promise or threaten to do 
so, for giving or withholding or neglecting to make any contribu- 
tion of money or other valuable thing for any party or political 
purpose, or for refusal or neglect to render any party or politi- 
cal service. 

Thirty- fifth. Payment for place prohibited. No applicant 
for appointment in said classified civil service, or to a position 
named in the twentieth paragraph of this section, either directly 
or indirectly, shall pay, or promise to pay, any money or other 
valuable thing to any person whatever for or on account of his 
appointment, or proposed appointment, and no officer or employ^ 
in said civil service, or named in said paragraph, shall pay or 
promise to pay, either directly or indirectly, any person any 
money or other valuable thing whatever for or on account of his 
promotion. 

Thirty-sixth. Eecommendation in consideration of political 
service prohibited. No applicant for appointment or promotion 
in classified civil service shall ask for or receive a recommenda- 
tion for assistance from any officer or employe in said service, or 
of any person, upon the consideration of any political service to 
be rendered to or for such person, or for the promotion of such 
person to any office or appointment. 

Thirty-seventh. Auditing officer. No accounting or auditing 
officer shall allow the claim of any public officer for services of 
any deputy or other person employed in the public service in 
violation of the provisions of this act. 

Thirty- eighth. Appointments and eemoval to be certified 
to the comptroller. The commission shall certify to the county 
clerk or other auditing officers, all appointments to offices and 
places in the classified civil service, and all vacancies occurring 
therein, whether by dismissal, resignation or death, and all find- 
ings made or approved by the commission under the provisions of 
the twenty-first paragraph of this section, that a person shall be 
discharged from the classified civil service. 

Thirty-ninth. Comptroller to pay salaries, only after cek- 
TIFICATION. No county clerk, comptroller or other auditing officer 
of said county shall approve the payment of, or be in any manner 



COUNTIES. 147 



concerned in paying any salary or wages to any person for ser- 
vices as an officer or employe of said county unless gucli person 
is occupying an office or place of employment according to the pro- 
visions of law and is entitled to payment therefor. 

Fortieth. Compelling testimony of witnesses— production of 
BOOKS AND PAPERS. Any person who shall be served with a sub- 
poena to appear and testify, or to produce books and papers, issued 
by the commission or by any commissioners, or by any board or 
person acting under the orders of the commission in the course of 
an investigation conducted either under the provisions of the 
twenty-first or twenty-third paragraph of this section, and who 
shall refuse or neglect to appear or testify, or to produce books 
and papers relevant to said investigation as commanded in suck 
subpa'oa, shall be guilty of a misdemeanor, and shall, on convic- 
tion, be punished as provided in the forty-first paragraph of this 
section. The fees of witnesses for attendance and travel shall be 
the same as the fees of witnesses before the circuit courts, and 
shall be paid from the appropriation for the expenses of the com- 
mission. - And circuit court or any judge thereof, either in term 
time or vacation, upon application of any such commissioner, or 
officer, or board may, in his discretion, compel the attf^ndance of 
witnesses, the production of books and papers, and giving of tes- 
timony before the commission, or before any such commissioner, 
investigating board, or officer by attachment for contempt or other- 
wise in the same manner as the production of evidence may be 
compelled before said court. Every person who, having taken an 
oath or made affirmation before a commissioner or officer appointed 
by the commission authorized to administer oaths, shall swear or 
affirm willfully, corruptly and falsely, shall be guilty of perjury, 
and upon conviction shall be punished accordingly. 

Forty-first. Penalties. Any person who shall willfully, or 
through culpable negligence violate any of the provisions of this 
act or any rule promulgated in accordance witli the provisions 
thereof shall be guilty of a misdemeanor and shall, on conviction 
thereof, be punished by a fine of not less than fifty dollars and not 
exceeding one thousand dollars, or by imprisonment in the county 
jail for a term not exceeding six mouths, or by both such fine and 
imprisonment in the discretion of the court. 

Forty-second. Penalties— disqualification to hold office. 
If any person shall be convicted under the next preceding section, 
any public office or place of public employment which such per- 
son may hold shall, by force of such conviction, be rendered vacant, 
and such person shall be incapable of holding any office or place 
of public employment for the period of five years from the date 
of such conviction. 

Forty-third. What officers to prosecute. Prosecutions for 
violations of this act may be instituted either by the Attorney 
General, the State's attorney for the county in which the ofPense 
is alleged to have been committed, or by the commission acting 



148 COURTS. 



through special counsel. Such suits shall 'f)e conducted and con- 
trolled by the prosecuting officers who institute them, unless they 
request the aid of other prosecuting officers. 



This bill, having remained with the Governor for the period of ten days, Sundays excepted, 
aft«r the adioarunient of the General Assembly, and he not having filed it with his objections 
thereto in the office of the Secretary of tJtate, it becomes a law in liice manner as if he had signed it. 

Witness mv hand, this 26th day of June, A. D., 1895. 

W. H. HIXRICHSEN, 

SecTbtary of State. 



COUETS. 



SUPREME COURT. 

§ 1. Amends the act of 1374, by adding an additional section allowinff justices of the Supreme 
Court each a stenographer. — Salary. 

An Act io amend an act entitled "An act to revise the laws in 
relation to the Supreme Court,'" approved March 23,. 1S74, in 
force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the act entitled "An 
act to revise the laws in relation to the Supreme Court," approved 
March 23, 1874, in force July 1, 1874, be and the same is here- 
by amended by adding to said act the following additional section: 

Section 18. Each of the judges of the Supreme Court may ap- 
point a stenographer. Such appointment shall be in writing and 
shall be filed in the office of the Auditor of Public Accounts, and 
continue in force until revoked by the judge. Each stenog- 
rapher so appointed shall receive a salary of one thousand 
(1,000) dollars per annum, payable quarter-yearly, on the war- 
rant of the Auditor of Public Accounts, out of any money in the 
State Treasury not otherwise appropriated. 

Approved June 24, 1895. 



TERMS OF THE CIRCUIT COURT. 

§ 1. Amends section 3 of the amended act of 1879, changing the lime for holding circuit court in 

the Second Circuit. 

An Act to ame7id section three (5) of an act entitled "An act 
concer'ning circuit courts, and to fix the time for holding the 
same in the several counties in the judicial circuits in the State 
of Illinois exclusive of the county of Cook,'' approved May 24, 
1879, in force July 1, 1879, and amended by an act approved 
June 16, 1891, in force July 1, 1891. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section three (3) 
of an act entitled "An act concerning circuit courts, and to fix the 



C0UUT8. 149 



time for holding the same in the several counties in the judicial 
circuits in the State of Illinois, exclusive of the county of Ceok," 
approved May 24, 1879, in force July 1, 1879, and amended by an 
act approved June 16, 1891, in force July 1, 1891, be amended to 
read as follows: 

§ 3. Second Circuit. In the county of Lawrence, on the first 
Mondays of February and August; in the county of Cumberland 
on the third Mondays of February and August; in the county of 
Crawford on the first Mondays of March and September; in the 
county of Clay on the second Mondays of March and September; 
in the county of Richland on the second Mondays of April and 
November; in the county of Effingham on the third Mondays of 
March and October; in the county of Jasper on the third Monday 
of May and first Monday of December; in the county of Jefi'erson 
on the third Monday of February, the second Monday of May, 
the third Monday of August and the second Monday of December; 
in the county of Hamilton on the fourth Mondays of February and 
September; in the county of Wayne on the third Mondays of Jan- 
uary, March, June and October, in the county of Edwards on the 
second Mondays of April and November; in the county of Wabash 
on the third Mondays of April and November; in the county of 
White on the first Monday of January, the second Monday of 
March, the first Monday of June and the first Monday of August; 
in the county of Gallatin on the first Mondays of February and 
September: Provided, that the January and June terms of the 
court to be held in the county of White, the February and August 
terms of the court to be held in the county of JefPerson, and the 
January and June terms of the court to be held in the county of 
Wayne, shall be devoted exclusively to the transaction of any busi- 
ness in criminal, civil and chancery cases not requiring a jury or 
where a trial by jury is waived, and for these terms of court no 
grand or petit jury shall be summoned or impaneled. 

Approved June 21, 1895. 



TERMS or CIRCUIT COURT. 

I 1. Amends sec. 5 of the amended act of 1879 by changing the time of holding Circuit Court in 

the 4th circuit. 

An Act to amend section five (5) of "An act concerning circuit 
courts, and to fix the time for holding the same in the several 
counties in the judicial circuits in the State of Illinois, exclu- 
sive of the county of Cook," approved May 24, 1879, in jorce 
July 1, 1879, as amended by an act approved June 26, 1885, 
in force July 1, 1885. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section five (5) of 
"An act concerning circuit courts, and to fix the time for holding 
the same in the several counties in the judicial circuits in the 



150 COURTS. 



State of Illinois, esclnsive of the county of Cook," approved May 
'i4, i87f), in force July 1, 1879, as amended by an act approved 
June 26, ld&5, in force July 1, 1885, be amended to read as fol- 
lows: 

78d, Section 5. Fourth Circuit. Jn the county of Yermilion, 
on the third Monday in January, third Monday of May and first 
Monday of October; in the county of Edgar, on the second Mon- 
day of March and the second Monday of September; in the 
coanty of Douglas, on the second Monday of April and the sec- 
ond Monday of October; in the county of Clark, on the third 
Monday in April and the third Monday in October; in the county 
of Coles, oa the second Mimday of Aoril and the second Monday 
of November; in the county of Piatt, on the first Monday of Sep- 
tember and the first Monday of February; in the county of Cham- 
paign, on the fourth Monday of September and the first Monday 
in March; in the county of Moultrie, on the third Monday in 
November aud the third M )nday of April; in the county of Ma- 
con, on the second Monday of January, the first Monday of June 
aud the fourth Monday of September. 

ArPROYED June 21, 1895. 



TERMS OF CIRCUIT COURTS. 

§ 1. Amends section V of the amended act of 1879 by changing the time of holding circuit courts 

in the tjth circuit. 

Ant Act io amend sech'on seven of an act entUled "An act con- 
cerning circuit courts and to fix itie time of holding tlie same 
in the sei^eixd counties in ttie judicial circuits in the State of 
Illinois, exclusive of Coolc county,'" approved May 24, 1879, in 
force July 1, 1879, and amended hy an act approved and in 
force Jane 17, 1891. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in ilie General Assembly : That section seven of an 
act entitled "An act concerning circuit courts and to fix the time 
of holding the same in the several counties in the judicial circuits 
in the State of Illinois, exclasive of Cook county," approved May 
21, 1879, in force July 1, 1879, and amended by an act approved 
and in force June 17, 1891, to be amended to read as follows: 

Section 7. Sixth Circuit. In the county of Adams, on the 
third Monday in January and fourth Moudav of March, aud on 
the third Monday of May, and on the third Monday of June, and 
third Monday of September, and on the fourth Monday of October; 
iri the coanty of Hancock, on the third Monday of March, the 
first Mondays of June and October; in the county of McDonough, 
oil the first Tuesday of February, the second Tuesday of May and 
the second Tuesday of September: Provided, that the May 
terra shall be devoted exclusively to the trial of chancery causes, 
aud to the trial or transaction of any business in civil Fnd crim- 



COURTS. 151 



mal cases not requiring a jury, and no jury shall be impaneled 
for said May term; in the county of Brown, on the fourth Mon- 
day of February and the first Monday of September; in the county 
of Fulton, on the second Monday of March, the third Monday of 
August and the first Monday of December; in the county of Pike, 
on the second Monday of April, the third Monday of June and 
the second Monday of November: Provided, that the June term 
shall be devoted exclusively to the trial oi chancery causes and 
to the trial or transaction o£ any business in civil and criminal 
cases not requiring a jury, and m jury, grand or petit, shall be 
summoned for said Juue term; in the couaty of Schuyler, on the 
fourth Tuesday in April and the third Tuesday in October. 

Appeoved, June 17, 1895. 



§ 1. Amends section 13 of the act of 1879 by 
changing the time for holding Circuit 
Court in the 12th circuit. 



TERMS or CIRCUIT COURTS. 

§ 3. Emergency. 



An Act to amend section thirteen {13) of an act entitled "An 
act concerning circuit courts, and to fix the time of holding 
the same in the several counties in the judicial circuits in the 
State of Illinois, exclusive of the county of Cook,'' approved 
May 24, 1879, in force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section thirteen of 
an act entitled "An act concerning circuit courts and to fix the 
time of holding the same in the several counties in the judicial 
circuits in the State of Illinois, exclusive of the county of Cook," 
approved May 24, 1879, in force July 1, 1879, be and the same is 
hereby amended so as to read as follows: 

Section 13. In the county of Kane, on the first Monday of 
February, on the third Monday of April and on the first Monday 
of October; in the county of DuPage on the fourth Monday of 
March and on the first Monday of October; in the county of 
Kendall, on the fourth Monday of February and on the fourth 
Monday of October; in the county of Boone, on the second Mon- 
days of September and February; in the county of DeKalb, on 
the third Monday of June and the fourth Mondays of October 
and February; in the county of McHenry, on the second Monday 
of January and the fourth Mondays of May and September; in 
the county of Lake on the second Monday of March and the 
second Monday of November. 

§ 2. Emergency. Whereas, in consequence of the condition of 
the legal business of said counties of Kendall, DuPage and Lake, 
an emergency exists, therefore, this act shall take effect and be in 
force from and after its passage. 

Approved April 17, 1895. 



152 CRIMINAL CODE. 



COUNTY COURTS. 

§ 1. Amends section 66 of the act of 1874, by chanfjins; tbe time at which the law term of the- 
Macon Connty Court shall begin. 

An Act to amend Section sixty-six ojan Act to extend the jurisdiction 
of the county courts and to provide for the practice thereof 
and fix the time for holding the same and to repeal an Act 
therein named, approved March 26, 1874, in force July 1, 1874,. 
and amendments thereto. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section 66 of 
an act to extend the jurisdiction of the couaty courts and to pro- 
vide for the practice thereof, and fix the time for holding the 
same, and to repeal an act therein named, approved March 26^ 
1874, in force July 1, 1874, be amended to read as follows: 

Section 66. Macon, on the second Monday in April, August 
and December of each year 

Approved June 21, 1895. 



CEIMINAL CODE. 



FOR THE PREVENTION OF BLINDNESS. 
2 1. Infant having inflamed eyes — Nurse to I § 2. Penalty. 
report. 

An Act for the prevention of blindness. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: Should any mid- 
wife or nurse having charge of an infant in this State notice that 
one or both eyes of such infant are inflamed or reddened at any 
time within two weeks after its birth, it shall be the duty of such 
midwife or nufse having charge of such infant to report the fact 
in writing, within six hours to the health officer, or some legally 
qualified practitioner of medicine of the city, town or district in 
which the parents of the infant reside. 

§ 2. Any failure to comply with the provisions of this act shall 
be punishable by a fine not to exceed one hundred dollars, or im- 
prisonment not to exceed six months, or both. 

Approved June 17, 1895. 



FOR THE PREVENTION OF BLINDNESS. 

§ 1. Infant having infl^amed eyes— Nurse to I § 2. Penalty, 
report. 

An Act for the prevention of blindness. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: Should any mid- 
wife or nurse having charge of an infant in this State, notice that 



CRIMINAL CODE. 153^ 



one or both eyes of such infant are inflamed or reddened at any 
time within two weeks after its birth, it shall be the duty of such 
midwife or nurse having charge of such infant, to report the fact 
in writing, within six (6) hours to the health officer, or some- 
legally qualified practitioner of medicine of the city, town or dis- 
trict, in which the parents of the infant reside. 

§ 2. Any failure to comply with the provisions of this act shall be 
punishable by a fine not to exceed one hundred (100) dollars, or 
imprisonment not to exceed six (6) months, or both. 

Approved June 21, 1895. 



CHILDREN. 



§ 42D. Endangering life or health unlawful. 

§ 42E. Penalty. 

§ 53. Injury to child— Penalty— Jurisdiction- 
Kepeal. 



§ 1. Amends act of 1877, as follows: 

§ 42A. Certain employments and exhibitions 
or children forbidden. 

§ 42B. And declared unlawful. 

§ 42C. Criminal assault — Child deemed in cus- 
tody of court. 

An Act io amend an act entitled "An act to prevent and punish 
wrongs io children," approved May 17, 1877, in force July 
1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections 4'2A, 42B^. 
42C, 42D, 42E and 53 be amended so as to read as follows: 

§ 42A. It shall be unlawful for any person having the care, 
custody or control of any child under the age of fourteen years, 
to exhibit, use or employ, or in any manner, or under any pretense,- 
sell, apprentice, give away, let out or otherwise dispose of any 
such child to any person in or for the vocation or occupation,, 
service or purpose of singing, playing on musical instruments,- 
rope or wire walking, dancing, begging or peddling, or as a gym- 
nast, contortionist, rider or acrobat in any place whatsoever, or for 
any obscene, indecent or immoral purpose, exhibition or practice- 
whatsoever, or for, or in any business, exhibition or vocation in- 
jurious to the health, or dangerous to the life or limb of such 
child, or cause, procure or encourage any such child to engage 
therein. Nothing in this section contained shall apply to, or effect 
the employment or use of any such child as a singer or musician 
in any church, school or academy, or in the teaching or learning 
the science or practice of music. 

§ 42B. It shall also be unlawful for any person to take, receive, 
hire, employ, use, exhibit or have in custody any child under the 
age and for the purposes prohibited in section 42 A hereof. 

§ 42C. When it shall appear that any person has made such 
unlawful use of, or has committed a criminal assault upon any 
child, such child shall be deemed to be in the custody of the 
court, who may make such order as is now provided by law in 
the case of vagrant, truant, disorderly, pauper or destitute children. 



154 CRIMINAL CODH, 



§ 42D. It shall be unlawful for any person having the care or 
custody of any such child, willfully to cause or permit the life of 
such child to be endangered, or the health of such child to be 
injured, or to willfully cause or permit such child to be placed in 
such a situation that i<s life or health may be endangered. 

§ 42E. Whoever shall be guilty of cruelty to any child in any 
of the ways mentioned in this, or in the foregoing sections 42A, 
42B, 42C and 42D shall be fined not less than five (5) dollars nor 
more than two hundred (200) dollars, and justices of the peace, 
and police justices or police magistrates shall have original juris- 
diction in all such cases. 

First: By cruelly beating, torturing, tormenting, overworking, [or] 
mutilating, or causing, or knowingly allowing the same to be done. 

Second: By unnecessarily failing to provide any child in his or 
her charge, or custody, with proper food, drink, shelter and 
raiment. 

Third: By abandoning any child. 

§ 53. Any person who shall willfully or unnecessarily expose 
to the inclemency of the weather, or shall willfully, or unneces- 
sarily iu any manner injure in health or limb any child, appren- 
tice, or other person, undpr his legal control, shall be fined not 
exceeding two hundred (200) dollars, and justices of the peace and 
police justices or police magistrates shall have original jurisdic- 
tion in all such cases. All acts and parts of acts in ^conflict 
with this are hereby repealed. 

Approved June 21, 1895. 



DISCHARGE OF PRISONER. 

^ 1. .Amends section 18, division XIII of the act of 1874, by specifying the particular period of 
time after which the accused may be discharged for want of prosecution. 

An Act io amend section eighteen (18) of article thirteen {13) 
of an act entitled "An act to revise tlie law in relation to 
criminal jurisprudence,'" approved March 27, 1874, in force 
July 1, 1874. 

Section 1. Be it enacted by the Peoj^le of the State of 

Illinois, represented in the General Assembly: That section 

eighteen (18), article thirteen (13) of an act entitled "An act to 

revise the law in relation to criminal jurisprudence," approved 

March 27, 1874, m force July 1, 1874, he amended to read as 
follows: 

Section 18, Any person committed for a criminal or supposed 
criminal offense, aod not admitted to bail, and not tried at some 
term of the court hiving jurisdiction of the offense commencing 
within four months of the date of commitment, or if there is no 
term commencing within that time, then at or before the first 



CRIMINAL CODE. 155 



ievm commeuciDg after said four months, shall be set at liberty 
by the court, unless the delay shall happen on the application of 
the prisoner, or unless the court is satisfied that due exertion has 
been made to procure the evidence on the part of the people, 
and that there is reasonable grounds to believe that such evi- 
dence may be procured at the next term, in which case the court 
may continue the case to the next term. If any such person 
shall have been admitted to bail for an alleged offense, other than 
a capital offense, he shall be entitled, on demand, to be tried at 
some term commencing within four months after he has been ad- 
mitted to bail, if there is a term of court within that time at 
which he may be tried, if not, then at the first term after the ex- 
piration of said four months: Provided, that if the court shall 
be satisfied that due exertions have been made to procure the 
evidence on behalf of the people, and that there is reasonable 
.ground to believe such evidence may be procured at the next 
term or at some term to commence within seventy (70) days 
1 hereafter, the court may continue the cause to such term. 

Approved June 21, 1895. 



FRAUDS. 

§ 1. Amends section 117 Act 'of 1874 by extending its provisions to water and electric currents. 

An Act to amend section one hundred and seventeen {117) of 
an act entitled "An act to revise the law in relation to crim- 
inal jurisprudence,'" approved March 27, 1874, in force July 1, 

1874. 

Section 1. Be it eyiacted hy the People of the State of Illi- 
nois, represented in the General Assembly: That section one 
hundred and seventeen (117) of an act entitled "An act to revise 
the la^v in relation to criminal jurisprudence," approved March 
'27, 1874, in force July 1, 1874, be and the same is hereby 
amended to read as follows, viz.: 

Section 117. Any person who, with intent to injure or defraud 
any company, body corporate, co-partnership or individual, shall 
injure, alter, obstruct or prevent the action of any meter provided 
for the purpose of measuring and registering the quantity of gas, 
water, or electric current consumed by or at any burner, orifice, 
or place, or supplied to any lamp, motor, machine or appliance, 
or shall cause or procure or aid the injuring or altering of any 
such meter or the obstruction or prevention of its action, or shall 
make or cause to be made with any gas pipe water pipe or electri- 
cal conductor any connection so as to conduct or supply illumi- 
nation or inflammable gas, water, or electric current to any burner, 
or orifice, or lamp, or motor, or other machine or appliance from 
which such gas, water or electricity may be consumed or utilized 
without passing through or being registered by a meter or with- 
out the consent or acquiescence of the company, municipal corpo- 
ration, body corporate, co-partnership or individual furnishing or 



156 CRIMINAL CODE. 



transmitting such gas, water or electric current through such gas 
pipe, water pipe or electrical conductor, shall be punished by im- 
prisonment not exceeding three (3) months, or a fine not exceed- 
ing two hundred and fifty (250) dollars, or both. 

Approved June 21, 1895. 



GAMBLING DEVICES. 



$ 1. Operating gambling device— Penalty. 
§ 3. Gambling device defined — Confiscation. 



§ 3. Possession of— Penalty. 
I 4. Emergency. 



An Act to prohibit the use of clock, tape, slot or other machines 
or devices for gambling purposes. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That whoever, in any room,, 
saloon, inn, tavern, shed, booth or building or enclosure or in any 
part thereof operates, keeps, owns, rents or uses any clock, joker^ 
tape or slot machine or any other device upon which money is 
staked or hazarded or into which money is paid or played upon 
chance, or upon the result of the action of which money or other 
valuable thing is staked, bet, hazarded, won or lost, shall, upon 
conviction for the first ofPense, be fined not less than one hundred 
(100) dollars, and for a second offense be fined Dot less than five 
hundred (500) dollars and be confined in the county jail for not 
less than six (6) months, and for the third offense shall be fined 
not less than five hundred (500) dollars and be impri-^oned in th& 
penitentiary not less than two (2) years nor more than four (4) 
years. 

§ 2. Every clock, tape machine, slot machine or other machine 
or device for the reception of money on chance, or upon the action 
of which money is staked, hazarded, bet, won or lost is hereby 
declared a gambling device, and shall be subject to seizure, con- 
fiscation and destruction by any municipal or other local authority 
within whose jurisdiction the same may be found. 

§ 3. Every owner, occupant, lessee, mortgagee or other person 
in possession of any premises upon which any gambling device 
may be located, and every person in the use, operation, lease or 
other possession of the same shall be fined for the first offense not 
less than one hundred (100) dollars, and for the second offense 
shall be fined not less than five hundred (500) dollars and shall 
be con6ned in the county jail not less than six (6) months, and 
for the third offense shall be fined not less than five hundred 
(500) dollars and shall be imprisoned in the penitentiary not less 
than two (2) years nor more than four (4) years. 

§ 4. Whereas, an emergency exists, therefore this act shall b& 
in force and effect from and after its passage. 

Approved June 21, 1895, 



CRIMINAL CODE. 157 



FOB THE PREVENTION OF WRONGFUL TAKING OF NEWS DISPATCHES. 

§ 1. Wrongfully tapping or connecting wire for taking news dispatohes. Penalty. 

An Act to prevent the wrongful taking of news dispatches from 
telegraph or telepJione wires, and to provide a penalty for 
violation thereof. 

Section 1. Be it enacted by the People of the State of Illi- 
■nois, represented in the General Assembly: That any person 
who shall within this State wrongfully tap or connect a wire 
with the telegraph or telephone wires of any person, company or 
association engaged in the transmission of news or telegraph or 
telephone lines between the states or in this State for the pur- 
pose of wrongfully taking or making use of the news dispatches 
of such person, company or association, or of its customers, shall 
t>e deemed guilty of a misdemeanor, and, upon conviction thereof, 
shall be punished by a fine of not more than two thousand 
(2,000) dollars, or imprisonment not exceeding one year in the 
county jail or house of correction, or by both such fine and im- 
prisonment 

Approved June 15, 1895. 



OBSTRUCTION OF HIGHWAYS. 
§ 1. Prohibits obstrucliou of highways — penalty. 

An Act entitled "An act concerning travel upon public highways.'' 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the Genercd Assembly: That if any person 
shall willfully and unnecessarily hinder, obstruct or delay, or shall 
willfully and unnecessarily attempt to delay, hinder or obstruct 
any other person in lav«^fully driving or traveling along or upon 
any public highway in this State, he shall be deemed guilty of a 
misdemeanor, and on conviction thereof, shall be fined not less 
than ten (10) nor more than twenty-five (25) dollars, and shall 
also be liable for all damages occasioned to any person by reason 
of a violation of this act. 

Approved June 21, 1895. 



158 



CRIMINAL CODE. 



PAROLE SYSTEM. 



§ 1. Terms of imprisonment to be general. 



2. 


Penitentiary commissioners to consti- 




tute prison board. 


3. 


Official information of prisoner's character 




and habits. 


4. 


Eules. Register. 


5. 


Granting of parole. 



§ 6. AVarden to keep in eommnnication witls 
paroled convicts— Final discharge. 

§ 7. Release on parole— ProTisiou for prison- 
er-Clothing, transportation, etc. 

§8. Violation of parole— Penalty. 

§ 9. Repeal. 



An Act in relation to the sentence of persons mnvided of crime 
and providing for a system of parole. 

Section 1. Be it enacted hy the People of the State of Illi- 
nois, represented in the General Assembly: That every person 
over twenty-one years of age, who shall be convicted of a felony 
or other crime punishable by ioaprisonment in the penitentiary, 
excepting treason and murder, shall be sentenced to the penitentiary, 
but the court imposing such sentence shall not fix the limit or 
duration of the sentence, and the term of imprisonment of any 
person so convicted and sentenced shall not exceed the maximum 
term nor be less than the minimum term provided by law for the 
crime for which the person was convicted and sentenced, making 
allowance for good time as now provided by law. The release of 
such prisoner to be determined as hereinafter provided. 

§ ,2. The commissioners of any penitentiary in this State shall 
constitute a prison board for the purposes hereinafter specified. 

§ 3. It shall be the duty of the judge before whom the 
prisoner is tried and convicted, and also of the State's Attorney, 
to furnish such prison board, together with the warrant of com- 
mitment, all information that they can give in regard to the 
career of the prisoner before the committal of the crime for 
which he was sentenced, stating to the best of their knowledge 
whether the prisoner was industrious or not; of good character or 
not; what his associates were; what his disposition was, and all 
other facts and circumstances that may tend to throw any light 
upon the question as to whether such prisoner is capable of agairi 
becoming a good citizen, and the said prison board shall also 
have the power to call upon any other official or person for 
similar information, and where practicable shall procure such in- 
formation from the people who have known the prisoner. 

§ 4. It shall be the duty of said prison board to adopt such 
rules concerning all prisoners committed to their custody as shall 
prevent them from returning to criminal courses, best secure their 
self support, and accomplish their reformation. When any prison- 
er shall be received into said penitentiary, the warden shall cause 
to be entered into a register the date of such admission, the 
name, age, nativity, nationality, with such other facts as can be 
ascertained of parentage, education, occupation and early social 
influences as seem to indicate the constitutional and acquired 
defects and tendencies of the prisoner, and, based upon these, an 



CRIMINAL CODE. lo9 



estimate of the present condition of the prisoner, and the best 
probable plan of treatment. And the physician of said peniten- 
tiary shall carefully examine each prisoner when received and 
shall enter in a register to be kept by him, the name, nationality 
or race, the weight, stature and family history of each prisoner, 
also a statement of the condition of the heart, lungs and other 
leading organs, the rate of the pulse and respiration, the measure- 
ment of the chest and abdomen, and any existing disease or de- 
formity, or other disability, acquired or inherited. Upon the 
warden's register shall be entered from time to time minutes of 
observed improvement or deterioration of character, and notes as 
to the method and treatment employed; also all alterations afPect- 
ing the standing or situation of such prisoner, and any subsequent 
facts or personal history which may be brought officially to his 
knowledge bearing upon the question of the parole or final re- 
lease of the prisoner. 

§ 5. The said prison board shall have power to establish rules 
and regulations under which prisoners within the penitentiary may 
be allowed to go upon parole outside of the penitentiary building 
and enclosure, but to remain while on parole in the legal custody 
and under control of the prison board, and subject at any time to 
be taken back within the enclosure of said penitentiary, and full 
power to enfore such rules and regulations and to retake and re- 
imprison any inmate so upon parole, is hereby conferred upon the 
warden, whose order, certified by the clerk of the prison, with the 
seal of the penitentiary attached thereto, shall be a sufficient 
warrant for the officer named in it to authorize such officer to 
return to actual custody any conditionally released or paroled 
prisoner, and it is hereby made the duty of all officers to execute 
said order the same as ordinary criminal process: Provided, that 
no prisoner shall be released on parole until the said prison board 
shall have made arrangements, or shall have satisfactory evidence 
that arrangements have been made for his honorable and useful 
employment while upon parole, in some suitable occupation, and 
also for a proper or suitable home, free from criminal influences, 
and without expense to the board. 

§ 6. It shall be the duty of the warden to keep in communica- 
tion, as far as possible, with all prisoners who are on parole, and 
also with their employers, and when, in his opinion, any prisoner 
who has served not less than six months of his parole acceptably, 
has given such evidence as is deemed reliable and trustworthy 
that he will remain at liberty without violating the law, and that 
his final release is not incompatible with the welfare of society, 
the warden shall make certificate to that effect to the prison board, 
and the board shall at the next meeting thereafter consider the 
case of the prisoner so presented, and when said board shall decide 
that said prisoner is entitled to his final discharge, said board 
shall cause a record of the case of said prisoner to be made, show- 
ing the date of his commitment to the penitentiary, his record 
while detained therein, the date of his parole, his record while on 



:160 CRIMINAL CODE. 



parole and their reason for recommending his final discharge. 
Said record shall be signed by the board and attested by the sec- 
retary, with the seal of the penitentiary, and sent to a judge of 
the court that sentenced said pri3oner to the penitentiary. Said 
judge shall enter an order for the final discharge of said prisoner 
from further liability under his sentence. On being approved by 
the Governor said order shall constitute a full discharge of said 
prisoner from further liability under his sentence. But no peti- 
tion or other form of application for either the parole or final 
irelease of any prisoner shall be entertained by the warden or 
prison board. Nothing in this act shall be construed as impair- 
ing the power of the Governor to grant a pardon or commutation 
in any case. 

§ 7. Upon the release of any prisoner upon parole from the 
penitentiary, the warden shall provide him with suitable clothing, 
with ten dollars in money, and shall procure transportation for 
him to his place of employment. The warden shall make the 
same provision for any prisoner discharged from the penitentiary 
by expiration of his maximum sentence, save that he shall pro- 
cure transportation for said prisoner to bis home, if within the 
State, if not, to the place of his conviction. 

§ 8. If any prisoner shall violate the conditions of his parole^ 
or release as fixed by the prison board, he shall be declared a 
delinquent, and shall thereafter be treated as an escaped prisoner, 
owing service to the State, and shall be liable, when arrested, to 
serve out the unexpired term of his maximum possible imprison- 
ment, and the time from the date of his declared delinquency to 
the date of his arrest shall not be counted as any portion or part 
of time served. And any prisoner at large upon parole or condi- 
tional release, who shall commit a fresh crime and upon conviction 
thereof shall be sentenced anew to the penitentiary, shall be sub- 
ject to serve the second sentence after the first sentence is served 
or annulled, said second sentence to commence from the termi- 
nation of his liability upon the first or former sentence. 

§ 9. All laws or parts of laws in conflict with provisions of 
this act are hereby repealed. 

Appeoved June 15, 1895. 



SUNDAY OBSERVANCE — BARBER SHOPS PROHIBITED FROM KEEPING OPEN. 

§ 1. Unlawful to keep open Saaday. § 2. Penalty. 

An Act to prohibU harher shojjs from keeping open on Sunday. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That it shall be unlawful 
for any person or persons to keep open any barber shop or carry 
on the business of shaving, hair-cutting or tonsorial work on 
.Sunday within this State. 



DRAINAGE. 161 



§ 2. Any person by himself, agent or employ^ violating the 
provisions of section 1 of this act shall, upon conviction thereof, 
be fined in any sum not exceeding two hundred (200) dollars for 
each and every offense. 

This bill, havinf? remained with the Governor for a period of ten days, Sundays excepted, after 
the adjournment of the General A98i;inl)ly, and he not having filed it with his objections thereto 
in the office of tlie Secretary of State, it becomes a law in like manner as if he had signed it. 

Witness my hand this 26th day of June, A. D. 1895. 

W. H. HINRICHSEX, 

Secretary of State^ 



DEAINAGE. 



ABATEMENT OF ASSESSMENTS IN LEVEE AND DRAINAGE DISTRICTS. 

§ 1 County courts empowered to abate as- § 2. What petition to set forth— Notice — 
sessments upon petition. Hearing. 

An Act in relation to the abatement of assessments for benefits 
in levee and drainage districts. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the county courts of 
this State in any county or counties wherein any such levee or 
drainage district exists, shall have power, upon petition of the 
commissioners of such district or districts, or of any land owner 
of lands located therein, to inquire and ascertain whether any as- 
sessment or assessments for benefits in such district exceed the 
total amount of all indebtedness of such district, based upon such 
assessment or assessments respectively. And in the event that such 
court shall find from the evidence that such assessment or assess- 
ments is or are in excess of such total amount of outstanding in- 
debtedness based thereon, such court shall have power to abate 
the amount of such assessment or assessments so in excess of all 
such indebtedness: Provided, however, that no such abatement 
of assessments shall be made whereby any contract of such drain- 
age district for the payment of indebtedness based upon such 
assessments shall be impaired. 

§ 2. Such petition for abatement of assessment shall state the 
total amount of balance of assessment wherefrom abatementMs 
sought, and the total amount balance of indebtedness based on 
such assessment and the balance of excess of assessment above 
such balance of indebtedness, and the truth of the facts averred 
in the petition shall be verified by afiidavit. Such petition shall 
be filed at least forty days prior to the first day of the term_£of 
court at which the same is sought to be tried and heard, and no 
hearing, order or decree shall be had or taken thereon until pub- 
lication of notice of the tendency of such petition, addressed to 
whom it may concern, stating the object of such petition and the 
subject matter thereof, as herein required to be set forth, shall 
—11 



162 DEAINAGE. 



have been published in some public newspaper, published in the 
county wherein the matter of such petition is pending, at least once 
in each week and for four successive weeks, the first publication 
thereof being not less than forty days prior to the first day of 
the term of court at which such hearing shall take place. Any 
creditor of said district, the owner of any evidence of indebted- 
ness based upon such assessment so sought to be abated, or any 
person interested shall have the right to appear at the hearing of 
said petition and show cause, if any, why the abatement, or any 
part thereof petitioned for, should not be made. 

Approved June 15, 1895. 



TO AUTHORIZE DRAINAGE DISTKICTS TO ISSUE BONDS. 



§ 4. Duties of Auditor— Levy and collection 
of tax. 

§ 5. State to be custodian only of funds raised 
under this act — Emergency. 



§ 1. Commissioners of drainage districts au- 
thorized to issue bonds, upon petition. 

§ 2. Record for bonds prerequisite. 

§ 3. Registration and certification of bonds by 
Auditor of Public Accounts, 

An Act authorizing all drainage districts to issue honds, and 
providing for the registration and payment thereof. 

Section 1. Be it enacted hy the People of the State of Illi- 
nois, represented in the General Assembly: That it shall be law- 
ful for the commissioners of each and every drainage district 
heretofore or hereafter organized under any law of this State to 
issue the bonds of their respective districts, to an amount not 
exceeding ninety (90) per centum of the aggregate amount of any 
assessment theretofore levied upon the lands of said district, such 
bonds to bear interest at a rate not exceeding six (6) per centum 
per annum, payable annually, and of such form and tenor as said 
commissioners shall by resolution provide, but no bonds shall be 
issued under this section until the property owners representing a 
majority in amount of the lands lying in such district shall peti- 
tion the commissioners for the issue thereof, 

§ 2. Before issuing any bonds under the provisions of this act 
the corporate authorities of any district desiring to issue bonds 
shall provide a well bound book in which a record of all bonds 
issued, with their number, amount, rate of interest, date of issue, 
when due, where payable, amount received for the same, and the 
assessment, tax levy, installment, or part thereof, on account of 
which the bonds are issued, shall be made, and said book shall 
at all times be open to the inspection of all parties interested in 
said district, either as taxpayers or bondholders, and on the pay- 
ment of any bond an entry thereof shall be made in said book in 
proper column for that purpose. 

§ 3. On the presentation of any bond issued under the provisions 
of this act, at the office of the Auditor of Public Accounts for reg- 
istration, the said Auditor shall cause the game to be registered 



DKAINAGE. 163 



in his office in a book to be kept for that purpose. Such regis- 
tration shall show the date, amount, number, date of maturity, 
rate of interest, time when such interest is payable, and place of 
payment of the principal and interest of such bond; under what 
act aud by what district issued, and the name of the person or 
persons presenting the same for registration, and for such regis- 
tration the Auditor shall be entitled to a fee of twenty-five (25) 
cents. And the Auditor shall, under the seal of his office, certify 
upon such bond the fact of such registration, for which the 
Auditor shall be entitled to a fee of twenty-five (25) cents, such 
fees to be paid by the person or persons desiring such registra- 
tion and certificate, but no bonds issued under this act shall be 
entitled to registration in the office of the State Auditor until a 
sworn statement by the corporate authorities of the district issu- 
ing the bond shall have been filed with him, showing the date of 
the organization of the district, in what county organized, the 
time when the assessment levy or part thereof on account of 
which the bonds are issued will become due, and the date, num- 
ber, amount, rate of interest and date of maturity of the bonds, 
together with any other information in relation thereto which may 
be demanded by the Auditor of Public Accounts. 

§ 4. When any bonds issued under the provisions of this act 
shall be so registered, the Auditor of Public Accounts shall an- 
nually ascertain the amount of interest or interest and principal 
due and accrued, or to accrue for the current year on all such 
bonds so registered in his office, together with the ordinary cost 
to the State of the collection and disbursement of the same, to 
be estimated by the Auditor and State Treasurer, and shall make 
out and transmit to the county clerk of the county in which said 
district is organized, a certificate setting forth such estimated 
amount of such particular district for such purposes, to be filed 
in his office and recorded in the drainage record, and the amount 
thereof shall thereupon be deemed added to and a part of the 
amount which may be levied and provided by law within the 
limits of said district for the purposes of state revenue, and 
thereupon it shall be the duty of the clerk of said district to 
compute and apportion the amount so certified among the several 
tracts and property assessed for benefits in such district, in the 
manner as original levies are computed under this act, and there- 
upon he shall make out a tax list of the lands and property in 
the district, and extend opposite each tract and property its pro 
rata share of the amount so certified by the Auditor, and deliver 
the same to the treasurer of the district. Where the district lies 
in more than one county, the clerk shall make out a separate tax 
list of the lands and property assessed for benefits in each county, 
showing the pro rata share levied against the same separately, 
and deliver the same to the county clerk of the respective coun- 
ties, and the clerk or clerks of the respective counties at the time 
of making up the tax books and extending the state taxes shall 
extend on the tax books for collection the pro rata share thus 



164 



DEAINAGE, 



levied, and the same shall be collected with' the state taxes, and 
all laws of this State relating to the state revenue shall apply 
thereto. 

§ 5. The State shall be deemed the custodian only o£ the tax 
so collected, and shall not be deemed in any manner liable on 
account of such bonds, but the tax and funds so collected shall 
be deemed pledged and appropriated to the payment of the prin- 
cipal and interest of the registered bonds, to satisfy which the 
same is hereinbefore provided to be collected as aforesaid, and 
such bonds issued under the authority hereof shall be deemed se- 
cured and provided for in virtue thereof until fully satisfied. The 
State shall annually collect and apply the said fund to the sat- 
isfaction of the interest or interest and principal, as the case may 
be, of such registered bonds of any such district, and the interest, 
coupons or bonds so paid shall be cancelled by the State Treas- 
urer and returned to the corporate authorities of the district 
which issued them. Whereas, many drainage districts desire to 
avail themselves of the benefit of this act, therefore, an emergency 
exists, and that therefore this act shall be in force from and after 
its passage. 

Approved June 15, 1895. 



DRAINS, DITCHES AND LE^TJES FOR AGRICULTURAI., SANITARY AND MINING 

PURPOSES. 



§ 22. Confirmation of assessment. 

§ 25. Correction of roll — Confirmation 
of assessment — Effect of appeal, 
etc. 



§ 2. Repeal. 



S 1. Amends the amended act of 1879 in the 
following sections: 

§ 20. Hearing objections by jury — Pro- 
Tision relating to adjustment 
eliminated. 

5 21. Proceedings on hearing. 

An Act to amend sections tiventy {20), twenty-one (21), twenty- 
tivo {22), and tioenty-flve {25), and to repeal sections twenty- 
three (23) and twenty-four {24) of an act entitled "An 
act to provide for the construction, reparation and pro- 
tection of drains, ditches and levees across the lands of 
others for agricidtural, sanitary and mining purposes, and to 
provide for the organization of drainage districts,'' approved 
and in force May 29, 1879, as amended by an act entitled ''An 
act to revise and. amend an act and certain sections thereof en- 
titled 'An act to provide for the construction, reparation and 
protection of drains, ditches and levees across the lands of 
others for agricultural, sanitary and mining purposes, and to 
providei for the organizcdion of drainage districts,' approved 
and in force May 29, 1879, as amended by certain cicts lierein 
entitled and to repeal certain laws tlierein named," approved 
June 30, 1885, in force July 1, 1885. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That sections 



DRAINAGE. 165 



twenty (20), twenty-one (21), twenty-two (22) and twenty-five (25) 
of an act entitled "An act to provide for the construction, repa- 
ration and protection of drains, ditches and levees- across the land 
of others for ac^ricultural, sanitary and mining purposes, and to 
provide for the organization of drainage districts," approved and 
in force May 29, 1879, as amended by an act entitled "An act to 
revise and amend an act and certain sections thereof entitled 'An 
act to provide for the construction, reparation and protection of 
drains, ditches and levees across the lands of others for agricul- 
tural, sanitary and mining purposes, and to provide for the organi- 
zation of drainage districts,' approved and in force May 29, 1879, 
as amended by certain acts herein entitled, and to repeal certain 
laws therein named," approved June 30, 1885, in force July 1, 
1885, be amended so as to read as follows: 

§ 20. The jury shall appear at the time and place appointed, 
and shall hear all objections that may be made by the owners of 
any lands which may be allowed damages, or which have been 
assessed for benefits, or by the commissioners, to the allowance of 
damages to, or assessments of benefits against, any tract of land, 
and shall make such corrections as shall seem to them just and 
equitable. 

§ 21. Such hearing, if the proceedings are in the county court, 
shall be in open court, and the judge of said court shall preside, 
and the cause shall proceed to a hearing the same as in appeal 
cases from justices of the peace in such court. The court may, at 
any time during the proceedings of the jury in making their as- 
sessment or considering objections thereto, impanel one or more 
jurors in the place of any juror or jurors who may fail, for any 
cause, or refuse to act. At the hearing, the respective parties shall 
be allowed to introduce all proper evidence, and may be heard 
either in person or by counsel. After such hearing, the jury shall 
retire for the consideration of their verdict, which shall consist of 
making such amendments and corrections to such assessment roll 
as to them shall seem best and equitable from the law and the 
evidence in the case, including the personal view of the lands made 
by them. And if such hearing shall be before the justice of the 
peace, he shall preside and have the same authority, and proceed 
in the same manner, as near as may be, as in other causes before 
justices of the peace. 

§ 22. If no objections shall be made to the assessment at the 
time and place appointed to hear objections, or if objections shall 
be made only to a portion of such assessments, the jury shall con- 
firm that portion of such assessment to which no objection has 
been made, which shall be certified by the foreman of the jury 
and delivered to the commissioners, who shall return the same to 
the court before which said petition was filed, within ten days from 
such confirmation, and thereupon such assessment shall be approved 
by the court and spread upon the records thereof, and no appeal 
shall be allowed therefrom. 



166 DEAINAGE. 



§ 25, When that part of the assessment roll shall have been 
heard and corrected, to which objections have been filed as afore- 
said, or in case no correction on hearing shall be required to be 
made, the court shall confirii the same and cause it to be spread 
upon the records, and appeals or writs of error shall be allowed 
therefrom as in cases of appeals from, and writs of error to the 
county courts in proceedings for the sale of lands for taxes or 
special assessments: Provided, the granting of an appeal in one 
or more cases, or to one or more persons, shall not operate to 
defer the confirmation of said assessment roll in other cases, but 
the court may proceed to confirm said assessment roll as to all 
lands where no appeal is taken, and in all appeals taken from the 
confirmation made by the county court, if the judgment of the 
county court shall be affirmed, or if upon such cause being re- 
manded for a new trial the judgment of said court shall be in 
favor of said district, the county court shall order the judgment 
so rendered to be made a part of said confirmed roll, and the as- 
sessment of benefits or damages so found shall be extended on said 
roll and the same shall become a part thereof. 

§ 2. That sections twenty-three (23) and twenty-four (24) of 
the said act to which this act is an amendment, be and the same 
are hereby repealed, but the repeal of said sections shell not affect 
any suits that may be pending at the time this act shall take effect. 

Appeoved June 24, 1895. 



FARM DRAINAGE. 



I 1. Amends the act of 1885 by adding thereto 
sections, as follows: 

§ 15A. Election of Drainage Commissioners — 
Oath. 



§ 15B. Treasurer— Appointment, qualification, 
compensation and duties of. 



An Act io amend an act entitled "An act to provide for drainage 
of [for^ agriculturcd and sanitary purposes, and to repeal cer- 
tain acts therein named,'' approved June 27, 1885, in force Jidy 

1, 1885. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the Oenercd Assembly: That an act entitled 
"An act to provide for drainage of [for] agricultural and sanitary 
purposes, and to repeal certain acts thereia named," approved 
June 27, 1885, in force July 1, 1885, be amended by inserting 
sections 15 A and 15B, as follows: 

§ 15A. Upon the organization of any drainage district as pro- 
vided in section 15 of this act, the duties and obligations of the 
commissioners of highways, as said drainage commissioners of 
such district, shall cease as soon as drainage commissioners shall 
have been elected and qualified, as herein provided. It shall be 
the duty of the town clerk to call an election in each district in 



DRAINAGE. 167 



his township, including the new districts organized during the pre- 
vious year, by giving ten (10) days' notice that an election will be 
held (specifying time and place), said notices shall be posted in 
three (3) conspicuous places in said districts. Elections shall be 
held in the several drainage districts organized under this act, on 
the second Saturday in March of each year, between the hours of 
2 and 6 o'clock p. m. At the first election in each district there 
shall be elected three (3) commissioners, one for one year, one 
for two years, and one for three years, and annually thereafter, one 
drainage commissioner shall be elected who shall hold his office 
three years, and until his successor is elected and qualified. Every 
adult owner of land in the district, whether residing within or 
without the district, shall be a voter, and if a resident of the 
county in which the district or any part thereof lies, eligible to 
the office of drainage commissioner. Said elections shall be con- 
ducted after the manner provided by law governing school elec- 
tions. Commissioners of highways shall act as judges and clerk 
of the first election held in any district; thereafter the drainage 
commissioners shall act as judges and clerk of elections in their 
respective districts. If said commissioners be not present, it shall 
be competent for the electors present to select judges and clerk of 
said elestion. Returns of said election shall be made to the town 
clerk, who shall record the same in a book kept for that purpose. 
Said commissioners shall take the oath of office before some officer 
authorized to administer oaths. Said commissioners shall be known 

by the corporate name of Drainage Commissioners of 

District No , of the town of , County of , 

State of Illinois, and by that name shall be a body politic and 
corporate, and may sue and be sued, plead and be impleaded, con- 
tract and be contracted with, and shall be the corporate authority 
of their respective districts. Before entering upon their duties as 
herein provided, the drainage commissioners shall take and sub- 
scribe an oath substantially as follows, viz.: 

We, , Drainage Commissioners of Drainage 

District No , do solemnly swear (or affirm) that we will 

faithfully and impartially perform the duties required of us to 
the best of our understanding and judgment, and make assess- 
ments of damages and benefits (or benefits as the case may be), 
in favor of or against the land in said district, according to law. 

§ 15B. The said drainage commissioners shall appoint a treas- 
urer, who shall receive all funds of the drainage district, paying 
the same out only on a written order, signed by the chairman and 
countersigned by the clerk of the said board of drainage [commis- 
sioners]. Said commissioners shall fix the compensation of the said 
treasurer, which shall not exceed two (2) per centum of the amount 
paid out The treasurer of said drainage district, ))efore receiving any 
of said fund, shall execute a good and sufficient bond, in double the 
amount that shall probably come into his hands as such treasiirer, 
with two or more sureties, to be filed with the town clerk for the 
benefit of the drainage district. 

Approved .Tune 21, 1895. 



168 DRAINAGE. 



SANITARY DISTRICTS. 



§ ] . Amends section 12 of the act of 1889 to 
authorize the levy and collection of 
taxes of IV2 per cent for 1895, 1896 and 
1897, an increase of 1 per cent. 



§ 3. Amends section 20 to compel sanitary 
districts to maintain channels 20,000 
cubic feet of water for e.ach 100,000 inhab- 
itants. 



An Act to amend sections 12 and 20 of "An act to create san- 
itary districts and to remove obstructions in the Desplaines and 
Illinois rivers,^' approved May 29, 1889, in Jorce July 1, 1889. 

Section 1. Be it enacted hy the People of the State of Illi- 
nois, represented in the General Assembly: That sections 12 
and 20 of "An act to create sanitary districts and to remove ob- 
structions in the Desplaines and Illinois rivers," approved May 29, 
1889, in force July 1, 1889, be and the same are hereby amended 
to read as follows: 

§ 12. The bDard of trustees may levy and collect taxes 
for corporate purposes upon property within the territorial limits 
of such saaitary district, the aggregale amount of which for each 
of the years 1895, 1896 and 1897 shall not exceed one and one- 
half per centum of the value of the taxable property within the 
corporate limits, as the same shall be assessed and equalized for 
the State and county taxes of the year in which the levy is 
made, and the aggregate amount of which in any one jear after 
the year 1897 shall not exceed one- half of one per centum of such 
value. Said board shall cause the amount required to be raised 
by taxation in each year to be certified to the county clerk on or 
before the second Tuesday in August, as provided in section one 
hundred and twenty two of the general revenue law. All taxes so 
levied and certified shall be collected and enforced in the same 
manner and by the same oJfticers as State and county taxes, and 
shall be paid over by the officer collecting the same to the 
treasurer of the sanitary district, in the manner and at the time 
provided by the general revenue law. 

§ 20. Any channel or outlet constructed under the provisions 
of this act which shall cause the discharge of sewage into or 
'through any river or stream of water beyond or without the 
limits of the district constructing the same shall be of sufficient 
size and capacity to produce a continuous flow of water of at 
least two hundred cubic feet per minute for each one thousand of 
the population of the district drained thereby and the same shall 
be kept and maintained of such size and in such condition that the 
water thereof shall be neither offensive or injurious to the health 
of any of the people of this State and before any sewage sh^U 
be discharged into such channel or outlet all garbage, dead ani- 
mals and parts thereof and other solids shall be taken therefrom, 
and said district shall, at the time any sewage is turned into or 
through any such channel or channels, turn into said channel or 
channels not less than twenty thousand cubic feet of water per 



ELECTIONS. 169 



minute for every one hundred thousand inhabitants of said dis- 
trict, and shall thereafter maintain the flow of such quantity of 
water. 



This bill, having remained with the Governor for the period of ten days, Sundays excepted, after 
bavins been presented to him, and he having neither approved the same, nor returned it with hie 
objections thereto, to the House in which it orif^inated, and the General Assembly being in session. 
It becomes a law in like manner as if he had signed it. 



Witness my hand this 10th day of June, A. D. 1895. 



W. H. HINRICHSEN, 

Secretary of Stale, 



ELECTIONS. 



CITIES, TOWNS AND VILLAGES — ARTICLE VII. 

§ 1. Amends section 1 of article VII by increasing the salary of the chiel clerk of the Board oi 
Election Commissioners in Cook county from $2,000 to $3,500 per annum. 

An Act io amend an act eiitUled ''An act regulating the holding 
of elections and declaring the result thereof in cities, villages 
and incorporated toivns in this State,'' approved June 19, 1885, 
in force July 1, 1885. 

Section 1. Be it enacted by the People of tJie State of Illi- 
nois, represented in the General Assembly: That section one of 
article seven of an act entitled '"An act regulating the holding of 
elections and declaring the result thereof in cities, villages and in- 
corporated towns in this State," approved June 19, 1885, in force 
July 1, 1885, be and the same is hereby amended so as to read as 
follows : 

ARTICLE VIL 

§ 1. Such election commissioners and the chief clerk of the 
board of election commissioners shall be paid by the county, and 
for the purpose of fixing their fees and compensation the several 
counties of this State are divided into three classes, as they are 
now classified by law, as to fees and salaries. 

In counties of the first class said election commissioners shall 
each receive a salary of $500, and said chief clerk a salary of $400 
per annum. In counties of the second class such election commis- 
sioners shall each receive a salary of $700, and such chief clerk a 
salary of $600 per annum. In counties of the third class, to- wit: 
in Cook county, such election commissioners shall each receive a 
salary of $1,500, and such chief clerk a salary of $3,500 per annum. 
All expenses incurred by said board of election commissioners 
shall be paid by such city. 

Such salaries and expenditures are to be audited by the county 
judge, and such salaries shall be paid by the county treasurer upon 
the warrant of such county jadge, out of any money in the county 
treasury not otherwise appropriated, and such expenditures shall 
be paid by the city treasurer upon the warrant of such county 



170 ELECTIONS. 



judge, out of any mouey in the city treasury not otherwise appro- 
priated. It shall also be the duty of the governing authority 
of such counties and cities respectively to make provision for the 
prompt payment of such salaries and expenses, as the case may be. 

Appeoyed June 17, 1895. 



CONTESTED ELECTIONS. 

§ 1. Amends the act of 1872 as follows: Section 116. Trial. 

Section 97. Extending the jurisdiction 
of the circuit courts and including 
the superior court of Cook county. 

An Act io amend sections ninety-seven {97) and one hun- 
dred and si/xteen {116) of an act entitled "An act in regard to 
elections, and to provide for filling vacancies in elective offices." 

Section 1. Be it enacted by tlie People of tfie State of Illi- 
nois, represented in the General Assembly: That sections ninety- 
seven (97) and one hundred and sixteen (116) of an act entitled 
"An act in regard to elections, and to provide for filling vacan- 
cies in elective offices," be amended to read as follows: 

Section 97. The circuit courts in the respective counties, and 
in Cook county the superior court also, may have [hear] and de- 
termine contests of the election of judges of the county courts, 
mayors of cities, presidents of county boards, presidents of vil- 
lages, in reference to the removal of county seats and in refer- 
ence to any other subject which may be submitted to the vote of 
the people of the county, and concurrent jurisdiction with the 
county court in all cases mentioned in section ninety- eight (98). 

Section 116. The case shall be tried in like manner as cases 
in chancery, and may be heard and determined by the court in 
term time, or by the judge in vacation, at any time not less than 
ten (10) days after service of process, or at any time after the 
defendant is required by notification to appear, and shall have 
preference in the order of hearing to all other cases. The court 
in term time, or the judge in vacation, may make and enforce all 
necessary orders for the preservation and production of the bal- 
lots, poll books, tally papers, returns, registers and other papers 
or evidence that may bear upon the contest. 

Appkoved June 17, 1895. 



ELECTIONS. 171 



ELECTION OF JUDGE OF THE SUPERIOR COURT OF COOK COUNTY. 

§ 1. Amends section 13 of the amended act of 1872 with regard to the time of ele';ting Judges of 
the Superior Court of Cook County. 

An Act to amend section thirteen {13) of an act eiititled "An 
act in regard to elections and to provide for filling vacancies 
in elective offices" approved April 3, 1872, in force July 1, 
1872, as amended by act approved April 11, 1873, in force 
July 1, 1873. 

Section 1. Be it enacted by the People oj the State of 
Illinois, represented in the General Assembly: That section 
thirteen (13) of an act entitled "An act in regard to elections, 
and to provide for filling vacancies in elective offices," approved 
April 3, 1872, in force July 1, 1872, as amended by act approved 
April 11, 1873, in force July 1, 1873, be and the same is hereby 
amended so as to read as follows: 

Section 13, The judges of the superior court of Cook county 
shall be elected as follows: One on Tuesday next after the first 
Monday of November, in the year of our Lord 1873, and every 
six (6) years thereafter; one on Tuesday next after the first 
Monday of November, in the year of our Lord 1875, and every 
six (6) years thereafter; and one on Tuesday next after the first 
Monday of November, in the year of our Lord 1877, and everj' 
six (6) years thereafter: Provided, that no election of judges of 
the superior court of Cook county be held, except at the same 
time with the regular election of the board of county commission- 
ers of Cook county, as fixed by law, and that every judge of said 
superior court shall hold office for six (6) years, and until his 
successor is elected and qualified. 

Appeoved June 21, 1895. 



ELECTION PRECINCTS. 

§ 1. Amends section 30 of the amended act of 1872, dividing election precincts into districts. ZZ 

An Act to amend section thirty {30) of an act entitled "An act 
in regard to elections and to provide for filling vacancies in 
elective offices,'' approved April 3, 1872, in force July 1, 
1872, as amended by an act approved June 18, 1883, in < force 
July 1, 1883, and also as amended by an act approved^ June 
29, 1885, and in force July 1, 1885. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section thirty (30) of 
an act entitled "An act in regard to elections and to provide for 
filling vacancies in elective offices," approved April 3, 1872, in 
force July 1, 1872, as amended by an act [approved] June 18, 
1883, in force July 1, 1883, and also as amended by an act ap- 
proved June 29, 1885, in force July 1, 1885, be and the same 
is hereby amended so as to read as follows: 



172 ELECTIONS. 



§ 30. Change of election precincts — dividing peecincts into 
DISTRICTS. The county board in each county shall at its regular (or 
at a special) meeting in the month of July, 1885, respectively 
divide its election precincts, which contain more than four hun- 
dred and fifty voters, into election districts, so that each district 
shall contain, as near as may be practicable, four hundred voters, 
and not more, in any case, than four hundred and fifty. Said 
districts shall be composed of contiguous territory, and in as com- 
pact a form as can be for the convenience of the electors voting 
therein. The several county boards, in establishing said districts, 
shall describe them by metes and bounds and number them. And 
so often thereafter as it shall appear by the number of votes cast 
at the general election held in November of any year, that any 
election district, or undivided election precinct, contains more than 
four hundred and fifty, the county board of the county in which 
such district or precinct may be, shall at its regular (or at a 
special) meeting in the month of July next after such November 
election, re-divide or re- adjust the election districts, or divide such 
election precincts, so that no district or andivided election pre- 
cinct shall contain more than the number of votes above specified. 
If said division or le-adjustment is not made at such July meet- 
ing, it may be made at an adjourned or special meeting of said 
county board, to be held in the mouth of August next thereafter. 
The county board in every case shall fix and establish the places 
for holding elections in its respective county, and all general and 
special elections shall be held at the places so fixed. The said 
polling places shall in all cases, be upon the ground floor, in the 
front room, the entrance to which is in a highway or public street, 
which is at least forty feet wide, and as near the center of the 
voting population of the district as is practicable, and for the con- 
venience of the greatest number of electors to vote thereat, and in 
no case shall an election be held in any room used or occupied 
as a saloon, dramshop, billiard hall, bowling alley or as a place of 
resort for idlers and disreputable person^, or any room connecting 
therewith by doors or hallways. No person shall be per- 
mitted to vote at any election except in the district in which he 
resides: Provided, that the county board may, if it deem it to be 
for the best iaterest of the voters of any town or precinct, divide 
any election precinct which contains more than three hundred 
legal voters into tvvo election precincts, same precincts to contain 
as near two hundred voters as is possible. 

Appeoved April 4, 1895. 



EMPLOYMENT— EXEMPTIONS. 173 



PER DIEM OF JUDGES AND CLERKS OF ELECTION. 

§ 1. Amends section 63 of the act of 18V2, by increasing the per diem of judges and clerks in 
counties of the third class to $5. 

An Act to amend section sixiy-ihree {63) of an act entitled "An 
act in regard to elections and to provide for filling vacancies 
in election [elective^ offices," approved April 3, 1872, in force 
July 1, 1872. {L. 1871-2, p. 380). 

Section 1. Be it enacted hy the People of the State of Illi- 
nois, represented in the General Assembly: That section sixty- 
three of an act entitled "An act in regard to elections and to 
provide for filling vacancies in election [elective] offices," approved 
April 3, 1872, in force July 1, 1872.LJ(L. 1871-2. p. 380), be 
amended so as to read as follows: 

Section 63. All judges and clerks of election, in counties of 
the first and second class shall be allowed the sum of three (3) 
dollars per day for their services, and judges and clerks of elec- 
tions in counties of the third class the^ sum of five ( 5 ) dollars 
each per day for their services. 

Appeoved June 24, 1895. 



EMPLOYMENT. 

JUDG3IENT FOR WAGES. 
§ 1. Judgments to include compensation for services of laborer's horse or team. 

An Act to include in judgments for wages the services of the 
laborer's horse or team. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: In all actions brought 
to recover wages due any laborer or servant, when ifc shall appear 
to the satisfaction of the court or jury that it was necessary in 
the performance of said labor that the laborer or servant use his 
horse or team, then said services shall be included in said wages 
and become a part of the judgment for said wages, and from such 
judgment nothing shall be exempt. 

Approved June 21, 1895. 



EXEMPTIONS. 



PERSONAL PROPERTY. 

§ 1. Amends section 3 of the act of 18T7, with reference to debtor's schedule— Additional schedule 
unnecessary within 70 or 90 days. 

An Act to amend section tivo (2) of an act entitled "An act to 
exempt certain personal property from attachment and sale on 
execution and from distress for rent,'' approved May 24, 1877, 
in force July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section two (2) of 
an act entitled "An act to exempt certain personal property from 



174 EXEMPTIONS. 



attachment and sale on execution and from distress for rent," ap- 
proved May 24, 1877, in force July 1, 1877, be and the same is 
tereby amended so as to read as follows: 

§ 2. Debtoe to make schedule— appraisement. Whenever 
any debtor against whom an execution, writ of attachment or dis- 
tress warrant has been issued, desires to avail himself of the ben- 
efit of this act he shall, within ten days after "a copy" of the 
execution, attachment or distress warrant is served upon him in 
the same manner as summonses are served in chancery, such copies 
of execution, attachment or distress warrant to have endorsed 
thereon a notice signed by the officer having such writ, notifying 
the debtor that he must file a schedule of his property within ten 
(10) days from the service thereof in order to claim his exemp- 
tion under this act, whereupon the debtor shall make a schedule 
of all his personal property of every kind and character, including 
money on hand and debts due and owing to the debtor, and shall 
deliver the same to the officer having the execution, writ of at- 
tachment or distress warrant, or file the same with the justice, or 
in the court where the writ is issued, which said schedule shall 
be subscribed and sworn to by the debtor, and any property 
owned by the debtor and not included in said schedule shall not 
be exempt as aforesaid, and thereupon the officer having the exe- 
cution, writ oE attachment or distress warrant shall summon three 
householders, who, after being duly sworn to fairly and impar- 
tially appraise the property of the debtor, shall fix a fair valua- 
tion upon each article contained in said schedule, and the debtor 
shall then select from such schedule the articles he or she may 
desire to retain, the aggregate value of which shall not exceed the 
amount exempted, to which he or she may be entitled, and deliver 
the remainder to the officer having the writ, and the officer hav- 
ing such writ is hereby authorized to administer the oaths re- 
quired herein of tLe debtor and appraisers. When judgment 
debtor has presented a sufficient schedule of all his personal 
estate, the return of such execution unsatisfied, and the issuing of 
an alias or subsequent execution shall not render it necessary for 
such judgment debtor, for the purpose of availing himself of the 
benefits of the exemption laws of this State, to present an addi- 
tional schedule unless additional property has been acquired, be- 
fore seventy (70) days from the date of the writ, if issued on a 
judgment rendered by a justice of the peace, or ninety (90) days 
if issued on any other judgment. 

Approved, June 24, 1895. 



FEES AND SALARIES. 175 



FEES AND SALAKIES. 



PER DIEM FEES. 

§ 1. Amends the act of 1893 to include clerks I § 2. Amends the title, 
in counties of the first class. ' 

An Act io amend an act entUled "An act to allow a per diem fee 
to clerks of the circuit and probate courts in counties of the 
second class," approved June 15, 1893, in force July 1, 1893. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That an act entitled 
"An act to allow a per diem fee to clerks of the circuit and pro- 
bate courts in counties of the second class," be amended to read 
as folio vv^s: 

That the clerks of the circuit court and clerks of the probate 
court in counties of the first and second classes, shall be allowed 
the same per diem fees for attendance upon their respective courts 
as are now allowed by law to clerks of the county court and 
sheriffs in counties of the second class for such service. 

§ 2. That the title of said act be amended to read as follows: 

An act to allow a per diem fee to clerks of the circuit and pro- 
bate courts in counties of the first and second class. 

Appeoved June 7, 1895. 



REMISSION OF FEES. 

§ 1. Amends the act of 1891 extending its provisions to cases of the adoption of children under 

the age of fourteen years. 

An act to amend section one {1} of cm act entitled "An act pro- 
viding for the remission of fees of the clertcs of county 
courts in certain cases in counties of the first and second 
class," approved June 18, 1891. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly. That an act entitled 
"An act providing for the remission of fees of the clerks of 
county courts in certain cases in counties of the first and second 
class," be and the same is hereby amended to read as follows: 

Section 1. In all cases where by the death of any person 
there shall be left surviving such perse n, a widow or children 
resident of this State who are entitled out of said estate to a 
widow's or children's award, and the entire estate of such de- 
ceased person shall not exceed one thousand (1,000) dollars, and 
in case of any minor whose estate does not exceed the sum of 
five hundred (500) dollars, and whose father is dead, and in all 
cases of any idiot, insane person, lunatic or distracted person, 
drunkard or spendthrift, when such person has a wife or infant 



176 GENERAL ASSEMBLY. 



child dependent on sucli person for support, and the entire estate 
of such person shall not exceed the sum of one thousand (1,000) 
dollars, and in cases of the adoption of children wherein it shall 
appear to the court that the child adopted is under the age of 
fourteen years, and that his or her estate does not exceed in 
value the sum of five hundred (500) dollars, the court shall make 
an order and cause the same to be entered of record, releasing 
and remitting all the fees of the clerk and other officers of the 
court. 

Appeoved June 21, 1895. 



GENERAL ASSEMBLY. 



FIXING THE COMPENSATION OF MEMBERS OF THE GENERAL ASSEMBLY. 

§ 2. Pay and mileage to be certified. 



§ 1.' Provides that members of the General 
Assembly shall receive $1,000 for each 
regular session, $5 per diem for special 
session, mileage, and $50 for stationery, 
etc. 



§ 3. Repeal. 



An Act to provide for and fix the compensation of members of 
the General Assembly of the State of Illinois. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the members 
of the General Assembly hereafter elected shall receive for their 
services the sum of one thousand (1,000) dollars for each regular 
session, three hundred dollars of which sum ahall not be paid 
until the sine die adjournment of such regular session, and five 
(5) dollars per day for any special or called session, and ten 
(10) cents per mile for each mile necessarily traveled in going to 
and returning from the seat of government at each session, to be 
computed by the Auditor of Public Accounts, and no other allow- 
ance or emolument directly or indirectly for any purpose whatso- 
ever except the sum of fifty (50) dollars per session to each 
member, which shall be in full for stationery, newspapers, postage 
and all other incidental expenses and perquisites. 

§ 2. The pay and mileage allowed to each member of the Gen- 
eral Assembly shall be certified by the President of the Senate 
and Speaker of the House of Representatives and entered upon 
the journals and published at the close of the session. 

§ 3. All acts in conflict herewith are hereby repealed. 

This bill, having remained with the Governor for a period of ten days (Sundays excepted) 
after the adjournment of the General Assembly, and he not having filed it with his objections 
thereto in the office of the Secretary of State, it becomes a law inlike manner as if he had signed it. 

Witness my hand this 26th day of June, A. D. 1895. 

W. H. HiNRICHSEN. 

Secretary of State. 



GUARDIAN AND WARD— INSURANCE. 177 



GUAKDIAN AND WARD. 



RELEASE OF CERTAIN CHILDREN FROM. POOR-nOUSE. 

§ 1. Countj judges authorized to release from custody of the keepers of poor-farms children for 
whom homes may be provided. 

An Act io authorize county judges to release certain children 
from custody of poor-houses and to make contracts with per- 
sons for tJieir support, maintenance and education. 

Section 1. Be it enacted hy the People of the State of Illi- 
nois, represented in the ireneral Assembly: That the county- 
judges of the several counties of this State be, and they are hereby, 
authorized to make such orders as shall be necessary to release 
from the custody of the keepers of the poor-farms in their re- 
spective counties all children confined therein under the age of 
fourteen (14) years, who have no parents or legal guardians liv- 
ing, whenever the said judge can, without expense to the county, 
through the agency of any person or charitable society of this 
State, secure a good home for said child, and the said judge is 
hereby authorized, and it is made his duty, to enter into a con- 
tract on behalf of such child or children with the person who 
agrees to take such child, which contract shall provide that said 
child shall be clothed, maintained and schooled in the common 
schools of the State until he, if a male child, is twenty-one years 
old, and, if a female, until she is eighteen years of age. 

Approved June 21, 1895, 



INSURANCE. 



CONSOLIDATION OF TOWNSHIP INSURANCE COMPANIES. 

§ 1. Any number of township mutual fire in- § 3. Consolidation— Proceedings, 
surance companies may consolidate. 

§ 2. Petition of policy holders. 

An Act to authorize the consolidation of township insurance 

companies. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That it shall be lawful 
for any number of township mutual fire insurance companies, 
already organized, or hereafter to be organized, not exceeding 
twelve political townships of contiguous territory, to consolidate 
the same into one company. 



-12 



178 INSURANCE. 



§ 2. Such consolidation may be made b}^ petition of the policy 
holders of the several companies representing a majority of the 
amount of insurance carried by each company, to the board of 
directors of the several companies respectively. 

§ 3. Upon receipt of such petition, the board of directors of 
the several companies shall meet, and by a majority vote of the 
board of directors of each of the several companies, consolidate 
the several companies into one, assuming the name of either of 
the companies so consolidated, which company so named, nnder its 
existing charter, shall assume all the outstanding unexpired policies 
of the several companies, agreeable to the laws and regulations in 
force for th'^ organization of township insurance companies, and 
subject to the constitution and by-laws of such company made in 
pursuance thereof. 

Approved June 21, 1895. 



FRATERNAL, BENEFICIARY SOCIETIES. 



§ 1. Amends the act of 1893 as follows: 

§ 1. Fraternal beneficiary societies defined — 
Payment of benefit funds— Provisions. 

§ 2. Inserts Insurance Superintendent in lieu 
of Auditor of Public Accounts. 



§ 7. Same insertion. 

§ 13. Same insertion— Elimination of pro- 
. vision as to construction of act. 



An Kct: to amend sections one (i), two [2), seven (7) aitd thirteen 
[13) of an act entitled. "An act to provide for the organization 
and T)%ana£ejnent of fraternal {beneficiary] societies for the pur- 
pose of furnishing life indemnity or pecuniary benefits to the 
beneficiaries of deceased 7)%embers, or accident or permanent 
[indemnity] disability to members thereof, and to control such 
societies in [of] this State, and of other states doing business in 
this State, and providing and fixing the punishment for 
violation of the provisions thereof, and to repeal all 
laws now existing which conflict herewith," approved June 22, 
1893. 

Section 1. Be it enacted by the People of the Stcde of Illinois, 
represented in the General Assembly: That sections one (1), 
two (2), seven (7) and thirteen (13) of an act entitled "An act 
to provide for the organization and management of fraternal 
[beneficiary] societies for the purpose of furnishing life indem- 
nity or pecuniary benefits to beneficiaries of deceased members, 
or accident or permanent [indemnity] disability to members, and 
to control such societies in [of] this State and of other states 
doing business in this State, and providing and fixing the punish- 
ment for violation of the provisions thereof, and to repeal all 
laws now existing which conflict herewith," approved June 22, 
1893, be and the same is hereby amended to read as follows: 

Section 1. A fraternal beneficiary society is hereby declared to 
be a corporation, society or association formed, organized or 
carried on for the sole benefit of its members and their bene- 



INSURANCE. 179 



■fieiaries, and not for profit. Each such society shall have a lodge 
system, with ritualistic form of work or representative form of 
government, and may make provisions for the payment of benefits 
in case of disability and death, or of either, resulting from either 
disease, accident or old age of its members. The payment of 
such benefits in all cases being subject to compliance', by the 
member, with the contract, rules and laws of the society: Pro- 
vided, the period in life at which payment of physical disability 
benefits on account of age may commence shall not be under 
seventy (70) years. The fund from which the payment of such 
benefits shall be made, and the fund from which the expenses of 
such society shall be defrayed shall be derived from aasessments or 
•dues collected from its members. Payment of death benefits shall only 
be made to the families, heirs, blood relatione, afiianced husband or 
affianced wife of, or to persons dependent upon the member: 
Provided, that a member having no wife or children living, may, 
with the consent of the society, make a charitable institution his 
beneficiary: Provided, hoioever, that societies formed to include 
only the membship of any religious denomination may be per- 
mitted to provide that benefits under their certificates of member- 
ship may be paid to charitable or religious institutions. The 
members of any religious denomination may incorporate under 
this act, and shall only be required to have a lodge or branch 
system and a representative form of government. Membership in 
such corporation shall be confined to the members of such 
religious organization. Commercial travelers shall also be allowed 
to incorporate under the provisions of this act, but membership 
of such incorporation shall be confined to those actively engaged 
as commercial travelers. Such commercial travelers' incorporation 
shall have a lodge or branch system and representative form of 
government. All such societies shall be governed by this act, 
and shall be exempt from the provisions of all insurance laws of 
this State, and no law hereafter passed shall apply to them unless 
they be expressly designated therein. 

§ 2. All such societies coming within the description as set 
forth in section 1 of this act, organized under the laws of this or 
any other state, and now doing business in this State, shall be 
considered duly organized, and may continue such business: Pro- 
vided, that they hereafter make application for such permission and 
comply with the provisions of this act legulating annual reports, 
and the designation of the Insurance Superintendent as the per- 
son upon whom process may be served, as hereinafter provided. 

§ 7. Any ten or more persons, citizens and voters of this State, 
may associate themselves together for the purpose of forming a 
corporation under this act, for which purpose they shall make, 
sign and acknowledge, before any officer authorized to take ac- 
knowledgments of deeds in this State, a certificate of association, 
in which shall be stated the name or title of the proposed society, 
the object for which it is formed, the plan of doing business clearly 
and fully defined, the names of the board of officers or managers 



180 INSURANCE. 



for the first year, and manner of selecting their successors, the 
limits as to age of applicants for membership, which shall not 
exceed sixty years, and that medical examinations are required, 
and that bona fide applications for membership have been secured 
from not less than five hundred persons, who have each made ap- 
plication for membership in such proposed society, and have been 
duly examined and recommended by a reputable physician, and 
have each deposited with the parties asking such charter the sum 
of one advanced assessment on each one thousand dollars of in- 
surance or part thereof, provided for in the plan of organization 
of such society, as an advanced assessment for mortuary purposes, 
which certificate of association and applications, together with the 
certificate of some solvent bank or banks, that all such advanced 
mortuary funds are deposited therein, to be turned over to the 
treasurer of a subordinate lodge or branch, composed of such appli- 
cants, after the incorporation of such society, which certificate of 
association shall be filed with the Insurance Superintendent, ac- 
companied by a fee of ten dollars. If the Insurance Superin- 
tendent shall find, after careful examination, that the objects of 
organization and plan of doing business are fully and definitely 
set forth and are clearly within the provisions of this act, and that 
the name or title is not the same or does not so nearly resemble 
a title in use as to have a tendency to mislead the public, he 
shall approve the same, and shall forthwith issue a certificate of 
organization of the society. Thereupon said society may proceed 
to transact business according to the plan of its organization. 

§ 13. Any person who shall act within this State as an officer,, 
agent or otherwise, for any society which shall have failed, neg- 
lected or refused to comply with, or shall have violated any of the 
provisions of this act, or shall have failed or neglected to pro- 
cure from the Insurance Superintendent proper certificate of au- 
thority to transact business as provided for by this act, shall be 
subject to the penalty provided in the last preceding section for 
the misdemeanor therein specified. 

Approved June 21, 1895. 



JQDGMENTS, DECREES AND EXECUTIONS. 181 



JUDGMENTS, DECREES AND EXECUTIONS. 



REDEMPTION — RATE OF INTEREST REDUCED. 



§ 1. Amends the amended act of 1872, as fol- 
lows: 

§ 18. Redemption by defendant — Rate of in- 
terest reduced from 8^i to 6<. 

§ 30. Redemption by creditor— Rate of in- 
terest reduced from &'/„ to 6%, 



§ 21. Saleunder redemption— Only redemption 
money bid— Rate of interest reduced 
from 8'/, to 6/.. 

§ 2TA. Taxes— Reimbursement upon redemp- 
tion—Rate of interest reduced from 

Hf, to 6^. 



An Act to amend sections eighteen (18), twenty (20), twenty-one 
(21) and twenty-seven a {27a) of an act entitled "An act in 
regard to judgments and decrees and the manner of enforcing 
the same by execidion, and to provide for the redemption of 
real estate sold under execution or decree," approved March 
22, 1872, in force July 1, 1872, as amended by an act approved 
May 31, 1879, in force July 1, 1879, and by an act approved 
and in force June 4, 1889. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections eighteen (18), 
twenty (20), twenty-one (21) and twenty-seven a (27a) of an act 
entitled "An act in regard to judgments and decrees and the 
manner of enforcing the same by execution, and to provide for 
the redemption of real estate sold under execution or decree," ap- 
proved March 22, 1872, in force July 1, 1872, as amended by an 
act approved May 31, 1879, in force July 1, 1879, and by an act 
approved and in force June 4, 1889, to be amended [so] as to read as 
follows : 

§ 18. Any defendant, his heirs, administrators, assigns, or any 
person interested in the premises, through or under the defend- 
ant, may, within twelve months from said sale, redeem the real 
estate so sold by paying to the purchaser thereof, his executors, 
administrators or assigus, or to the sheriff or master in chancery, 
or other officer who sold the same, or his successor in office, for 
the benefit of su^ih purchaser, his executors, administrators or 
assigns, the sum of mooey for which the premises were sold or bid 
off, with interest thereon at the rate of six per centum per annum 
from the time of such sale, whereupon such sale and certificate 
shall be null and void. 

§ 20. If such redemption is not made, any decree or judgment 
creditor, his executors, administrators or assigns, may, after the 
expiration of twelve months and within fifteen months after the 
sale, redeem the premises in the following m inner : Such creditor, 
his executors, administrators or assigns, may sue out an execution 
upoD his judgment or decree, and place the same in the hands of 
the sheriff or other proper officer to execute the saoae, who shall 
indorse upon the back thereof a levy of the premises desired to 
be redeemed, and the person desiring to make such redemption 
ehall pay to such officer the amount for which the premises to be 
redeemed were sold, with interest thereon at the rate of six per 



182 JUSTICES AND CONSTABLES. 



centum per annum from the date of the sale, for the use of the 
purchaser of such premises, his executors, administrators or assigns, 
whereupon such officer shall make and file in the office of the re- 
corder of the county in which the premises are situated a certifi- 
cate of such redemption, and shall advertise and offer the premises 
for sale under said execation as in other cases of sale or execu- 
tion. 

§ 21. The creditor, his executors, administrators or assigns, 
having so. redeemed, shall be considered as having bid at such sale 
the amount of the redemption mooey so paid by him, with interest 
thereon at the rate of six per centum per annum from the date 
of such redemption to the day of sale, with the cost of such re- 
demption and sale, and if no greater amount is bid at such sale 
the premises shall be struck off to the person making such re- 
demption, and the officer shall forthwith execute a deed of the 
premises to him, and no other redemption shall be allowed. 

§ 27A. Whenever any real estate is sold under any judgment 
or decree of any court, the holder of the certificate of such sale 
shall have the right to pay all taxes and assessments which are or 
may become a lien on such real estate during the time of redemp- 
tion running on such sale, and whenever redemption is made from 
such sale the party or parties entitled to redeem shall pay to the 
holder of such certificate of sale, or to the sheriff, master ui chan- 
cery, or other officer who sold the same, or his successor in office, 
in addition to the amount due on -such certificate, the amount paid 
by the holder thereof for such taxes and assessments, together 
with interest thereon at the rate of six per centum per annum, if 
before such redemption is made a receipt or receipts for such 
taxes or assessments shall be filed . with the sheriff, master in 
chancery or other officer who made such sale, or exhibited by the 
holder of such certificate, in case redemption is made directly to 
the holder of such certificate. 

Appeoved June 21, 1895. 



JUSTICES AND CONSTABLES. 



OF JUSTICES or THE PEACE AND CONSTABLES. 



ARTICLE I. 

ELECTION AND TEEM OF OFFICE. 

§ 1. Justices and constables— Election, term 
of office, etc. 

JUSTICES OF CHICAGO. 

§ 2. Recommendation — Appointment. 

§ 3. Commission— Term of office- Jurisdiction. 

§ 4. Vacancy. 

§ 5. Removal from office. 



§ 6. When term limited. 
§ 7. Vacancy— How filled. 

OATH OF OFFICE. 

§ 8. Oath. 

TO GITE BONDS— COMMISSIONS, ETC. 

g 9. Bonds of justices and constables. 

§ 10. Failure to qualify. 

§ 11. Certificate of qualification of justice.' 

§ 12. Certificate of election to constable. 



JUSTICES AND CONSTABLES. 



183 



§ 13. Eecord. 

§ 14. Resignation. 

§ 15. Record evidence. 

ARTICLE I[. 

JURISDICTION. 

§ 1. Cases enumerated. 

§ 2. Bond for cost. 

$ 3. Liability of surety— Bond in other cases. 

SUMMONS. 

§ 4. Form— Service. 

§ 5, Indorsement. 

§ 6. Service by copy. 

§ T. Service by copy when defendant not 
found. J 

I 8. Service on corporations. 

I 9. Service of process on trustee of railroad. 

§ 10. Municipal corporations. 

ARTICLE III. 

BAIL AND PROCEEDINGS THEREIN. 

I 1. Afhdavit— Capias— Form. 

§ 2. Bond of plaintiff. 

§ 3. Special bail. 

§ 4. Traversing aflidavit. 

§ 5. Surrender. 

§ 6. Proceedings against bail. 

§ 7. Default. 

§ 8. Trial— Defenses. 

ARTICLE IV. 

CHANGE OP VENUE. 

§ 1. Venue— How changed. 
§ 2. Costs. 

ARTICLE V. 

TRIAL AND .JUDGMENTS. 

§ 1. Trial by consent. 

§ 2. Default of plaintiff. 

§ 3. Default of defendant— Affidavit of claim. 

§ 4. Trial— Judgment. 

§ .5. Judgment against part and in favor of 
others. 

§ 6. New defendants. 

§ 7. .AmeTi(lin(>iit«. 



§ 8. DismiHsal of defendants. 

§ 9. Joint judgment— Separate claims. 

§ 10. Scire facias to make parties to Judgment. 

§ 11. Form of scire facias. 

§ 12. Trial on scire facias. 

§ 13. Jury. 

§ 14. Form ofjury summons. 

? 15. Impaneling jury— Instructions. 

§ 16. Competency of jurors— Challenges. 

§ 17. Claim acquired alter action brought. 

§ 18. '^'onsolidation of claims. 

§19. Demand or set-off exhibited. 

§ 20. Tender. 

§ 21. When justice unable to attend trial. 

§ 22. Attorneys' fees in judgments for wages. 

§ 23. Judgment for wages of laborers or ser- 
vants. 

ARTICLE VI. 

EVIDENCE AND DEPOSITIONS. 

§ 1. Form of subpoena. 

§ 2. Four witnesses in each subpoena. 

§ 3. Witness fees— How taxed. 

§ 4. Denial of execution or indorsement. 

§ 5. Joint plaintiffs— Evidence. 

§ 6. Joint defendants — Evidence. 

§ 7. Denial of corporate existence or name. 

§ 8. How depositions taken. 

ARTICLE VII. 

CONTINUANCES. 

§ 1. Continuances— Causes lor. 
§ 2. Continuance for depositions. 

ARTICLE VIII. 

ATTACHiMENTS BEFORE JUSTICES. 

§ 1. Attachments. 

§ 2. Affidavit. 

§ 3. Bond. 

§ 4. Form of affidavit. 

§ 5. Condition of bond. 

§ 6. Form of writ. 

§ 7. Writ returnable. 

§ 8. Service of writ— Return. 

§ 9. Pursuit. 



184 



JUSTICES AND CONSTABLES. 



■§ 10. Trial. 

^ 11. Continuance— Notice. 

§ 12. Continuance for notice. 

§ 13. Trial after notice. 

§ 14. Exceptions to bond. 

§ 15. Garnlsliment. 

§ 16. Proceedings against garnishee. 

AKTICLE IX. 

GARNISHMENT. 

§ 1. Garnishment on judgment. 

§ 2. Service and return of writ. 

§ 3. Oral examination. 

g 4. Issue — How made and tried. 

I 5. Conditional and final judgment. 

§ 6. Notice when scire facias not served. 

§ 7. When judgment against original defen- 
dant necessary. 

§ 8. Adverse claimants. 

§ 9. Adverse claims— Trials. 

§ 10. Deductions and setoffs of garnishee. 

I 11. Negotiable paper. 

§ 12. Of the judgment. 

§ 18. Effect of judgment. 

§ 14. A discharge no bar. 

§ 15. Revival of garnishment against executor. 

§ 16. Execution not to issue till debt due. 

§ 17. Goods, etc., surrendered in execution. 

§ 18. When property is pledged, etc. 

§19. When plaintiff may perform conditions. 

§20. Sale— Application of proceeds. 

§21. Equitable powers of court. 

§ 22. When garnishee refuses to deliver prop- 
erty. 

§23. Rights of garnishee. 

§24. Costs -Fees to garnishee. 

§ 25. Transcript filed in another county- 
Garnishment. 

I 26. Satisfaction of judgment— Entry by both 
justices, 

$ 27. Wages exempt. 

§ 28. Transferring claims— Exemption rights. 

§ 29. Transferring claim Wages — Foreign 

process— Penalty. 



30. Wages of non-resident. 
ARTICLE X. 

APPEAL AND CERTIOEABI. 

1. Appeal — Form of bond. 

2. Appeal or certiorari— By one or more. 

3. Stay of proceedings. 

ARTICLE XI. 

EXECOTION. 

1. On appeal or certiorari. 

2. Twenty days— Swearing out execution. 

3. Against body or goods. 

4. Ca.Sa. 

5. Form of execution against goods. 

6. ?orm of execution against body. 

7. Lien of execution and judgment. 

8. Indorsement— Levy — Sale— Notice. 

9. Delivery bond— Proceedings thereon. 

10. Paying money. 

11. Execution to another county. 

12. Duty of constables. 

13. Arrest — Commitment — Notice. 

14. Escape— Re-arrest. 

15. Execution to issue within seven years. 

16. Action on judgment. 

17. Statute does not run pending appeal. 

ARTICLE XIL 

TEANSCEIPT. 

1. Transcript— Certificate to circuit court. 
3. What transcript shall contain. 

ARTICLE XIII. 

TRIAL OF EIGHT OF PROPERTY. 

1. Proceedings for. 

2. Trial of the right of property. 

3. Docket— Trial. 

4. Judgment. 

5. Appeal— Certiorari. 

6. Effect of judgment — Appeal— Delivery 

bond. 

ARTICLE XIV. 

COLLECTION BY JUSTICES AND CONSTABLES. 

1. Justices to collect. 



JUSTICES AND CONSTABLES. 



185 



§ 2. Failure of justice or constable to paj'. 
§ 3. Payment— Dismissed. 

ARTICLE XV. 

JOSTICES ANl) CONSTABLES GOING OCT OF OFFICE. 

§ 1. Resignation — Removal — Death — Unfin- 
ished business. 

§ 3. Term expiring — Unfinished business. 

§ 3. Unfinished business. 

§ 4. Penalty. 

§ 5. Constables to finish business. — Death. 

ARTICLE XVI. 

EEMEDIES O.N BONDS OF JUSTICES AND CONSTABLES. 

§ 1. Action in name of People. 

§ 2. Judgment— Execution. 

§ 3. Scire facias. 

§ 4. Assessment of damages— Execution. 

§ 5. Property of principal first taken -Lien. 

§ 6. Liability of surety and principal, 

§ 7. Copy of bond in evidence. 

§ 8. .\ppeal, etc. 

§ 9. Misconduct of constable. 



ARTICLE XVII. 

GENERAL PROVIBIONS. 

§ 1. To keep record. 

§ 2. Attachment for contempt. 

§ 3. Order — Fine for contempt. 

§ 4. List of witness fees. 

ARTICLE XVIII. 

CRIMINAL JURISDICTION. 

§ 1. Jurisdiction. 

§ 3. Arrest and trial. 

§ 3. Special constable. 

§ 4. Jury trial. 

§ 5. Jury to determine penalty. 

§ 6. Judgment on verdict rendered. 

§ 7. Execution to issue. 

§ 8. Capias issued. 

§ 9. Appeal 

§ 10. Duty of justice on appeal. 

§ 11. Defendant guilty— Judgment rendered. 

§ 13. No imprisonment without conviction by 
jury, unless jury waived. 

§ 13. Transcript to be filed- What to contain. 



An Act io revise ihe law in relation io Justices of the Peace 

and Constables. 

Aeticle 1. 

election and term of office. 

Justices and constables.] Section. 1. Be it enacted by the 
People of ihe State of Illinois, represented in the General As- 
sembly : That on the first Tuesday in April, A. D. one thousand 
eight hundred and ninety- seven, and at each quadrennial election 
for town officers thereafter, there shall be elected in each town in 
counties under township organization, (except as to justices of 
the peace in the city of Chicago, .in Cook county,) and on Tues- 
day, next after the first Monday in November, A. D. one thousand 
eight hundred and ninety-seven, and on the same day quadren- 
nially thereafter, there shall be elected in each election precinct 
in counties not under township organization, two justices of the 
peace and two constables, and one justice of the peace and one 
constable for every one thousand inhabitants exceeding two 
thousand inhabitants of such town or precinct; Provided, no more 
than five justices of the peace and five constables shall be elected 
in aDy town or precinct, and that in towns containing any portion 
of the city of Chicago, there shall be elected one constable for 
each ten thousand inhabitants of such towns, and no more. 



186 JUSTICES AND CONSTABLES. 



The term of office of justices of the peace and constables shall 
be four years and until their successors are elected and qualified. 
In counties under township organization, their terms shall com- 
mence on the first Monday in May, and in counties not under 
township organization, on the first Monday of December after their 
election. No justice of the peace shall hold the office of police 
magistrate. 

JUSTICES OE CHICAGO. 

Eecommendation- APPOINTMENT.] § 2. It shall be the daty of 
the judges of the circuit, superior, probate and county courts of 
Cook county, a majority of the judges ccncurriug therein, on or 
before the first day of June in the year of our Lord 1895, and 
every four years thereafter, to recommend to the Governor nine 
fit and competent persors to fill the office of justice of the peace 
in the town of West Chicago; also nine fit and competent persons 
to fill the office of justice of the peace in the town of South 
Chicago; also five fit and competent persons to fill the office of 
justice of the peace in the town of North Chicago; also five fit 
and competent persjns to fill the office of justice of the peace in 
the town of Lake View; also five fit and competent persons to fill 
the office of justice of the peace in the town of Jefferson; also 
five fit and competent persons to fill the office of justice of the 
peace in the town of Lake; also seven fit and competent persons 
to fill the office of justice of the peace in the town of Hyde Park; 
also five fit and competent persons to fill the office of justice of 
the peace in that part of the town of Calumet that is annexed to 
the city of Chicago, all in the city of Chicago and county of Cook, 
and the persons thus recommended, the Governor shall nominate, 
and by and with the advice and consent of the senate (a majority 
of the senators elected concurring by yeas and nays) appoint 
justices of the peace in and for each of said towns respectively, 
and in case tbe Governor rejects any person recommended or the 
senate refuses to confirm any person nominated, the Governor 
shall give notice of such rejection or refusal to the said judges, 
who shall, within ten days after the receiving of such notice, rec- 
ommend some other fit and competent person for such appoint- 
ment. Such persons so recommended shall be electors in the town 
in and for which they are to be appointed such justices of the 
peace. 

Commission — TERM OF OFFICE— JUEiSDiCTiON, ETC.] § 3. Justices 
of the peace appointed under the preceding section shall be com- 
missioned by the Governor, and hold their office four years and 
until their successors have been commissioned and qualified, and 
shall have the same qualifications for holding office, the same 
jurisdiction, power and authority, and be subject to the same lia- 
bilities, and shall execute bonds, and be sworn, and be governed 
by the same rules and regulations as justices of the peace elected. 



JUSTICES AND CONSTABLES. 187 



Vacancy.] § 4. In case of vacancy during a recess of the 
Senate in the office of any justice of the peace in the city of 
Chicago, the Governor, upon the recommendation of such judges, 
shall make a temporary appointment until the next meeting of the 
Senate, when he shall nominate some person recommended by said 
judges to fill such vacancy, and any person so nominated and 
confirmed by the Senate shall hold his office during the remainder 
of the term, and until his successor shall be appointed and 
qualified. 

Eemoval from office.] § 5. Upon complaint made by any 
persoE, under oath, against any justice of the peace appointed as 
aforesaid, for extortion or other malfeasance in office, such com- 
plaint setting forth particularly the facts in the case, and filed in 
the office of the clerk of the circuit or superior court of Cook 
county, the clerk of said court shall issue a sumrhons,, in the name 
of the people of the State of Illinois, against such justice of the 
peace, returnable according to law, and such justice of the peace 
may appear and answer such complaint under oath, and if found 
guilty of extortion or other malfeasance in office, upon trial of 
the issue by the court or a jury, such justice of the peace shall 
be removed from his office, and the office declared vacant by said 
court. It is hereby made the duty of said State's Attorney to 
prosecute all actions under this act. 

When term limited.] § 6. In case of the adoption of town- 
ship organization in a county, or the forming of a new county, 
the justices of the peace and constables authorized to be elected 
therein, shall be elected for the unexpired term between their 
election and the next quadrennial election. 

"Vacancy— how filled.] § 7. When a vacancy occurs in the 
office of a justice of the peace or constable, by death, resignation, 
removal from the town or precinct, or other cause, if the unex- 
pired term exceeds one year, his office shall be filled by special 
election, and it shall be the duty of the town clerk in counties 
under township organization, and county clerks in counties not 
under township organization, in case of such vacancy, to issue his 
order to the judges of election of the proper town or precinct 
requiring them, on a certain day therein named, not less than 
twenty days from the issuing of such o^der, to hold an election 
to fill such vacancy, and at the same time the county or town 
clerk shall deliver to such judges three copies of a notice of such 
election, two of which notices shall be posted up in such town or 
precinct in two public places therein, and an election shall be held 
.pursuant to such order, and conducted as other elections. If the 
unexpired term of his office does not exceed one year, the vacancy 
shall be filled by appointment by the county board. 

OATH of office. 

Oath.] § 8. Every justice of the peace and constable, before 
entering upon the duties of his office, shall take, subscribe and file, 
in the office of the county clerk, the oath of office prescribed in 
the cons'itution. 



188 JUbTICES AND CONSTABLES. 



TO GIVE BONDS— COMMISSIONS, ETC. 

Bonds of justices and constables.] § 9. Every justice of 
the peace or constable, before entering upon the duties of his 
office, shall execute and deliver to the county clerk of the proper 
county, and within twenty days after his election, a bood, to be 
approved by said clerk, with two or more good and sufficient 
securities, in the sum of not less than two thousand dollars ($2,000) 
nor more than ten thousand dollars ($10,000,) conditioned that he 
will justly and fairly account for and pay over all moneys that 
may come to his hands under any judgment or otherwise, by 
virtue of his said office, and that he will well and truly perform 
every act and duty enjoined upon him by the laws of this State, 
to the best of his skill and ability. Such bonds shall be made 
payable to the people of the State of Illinois, and shall be held 
for the security and benefit of all suitors and others who may be 
injured or aggrieved by the official acts or misconduct of such 
justice of the peace or constable, as the case may be. 

Failuee to qualify.] § 10. If any justice of the peace or 
constable shall not, within twenty days after his election or ap- 
pointment, take the oath and give bond, as aforesaid, such justice 
or constable shall not be permitted after that time to qualify, but 
the office shall be considered as vacant, and filled accordingly. 

Certificate of qualification of justice— commission.] § 11. It 
shall be the duty of the county clerk, upon such bond being exe- 
cuted and filed, as aforesaid, by the justice of the peace, to make 
out a certificate of the execution and filing thereof, under the seal 
of his office, and transmit the same to the Governor, who shall 
thereupon issue a commission to said justice of the peace, and 
return the same to such clerk, who shall deliver the same to said 
justice, after having made the entry hereinafter required. 

Ceetificate of election to constable.] § 12. Certificates of 
election shall be granted to constables-elect by the county clerks, 
wdiich shall be sufficient to authorize them to act. 

Record. ] § 13. The clerk shall keep a book, in which he shall 
enter the name of every justice of the peace and constable sworn 
into office, and the time of his being sworn into office, together 
with the date of his commission or certificate. 

Eesignation. ] § 14. Resignations of the offices of justice of 
the peace and constable shall be made to the county clerk, who 
shall immediately enter the date of every such resignation in the 
book provided for in section 13. 

Record evidence.] § 15. Such book, or a certi&ed copy of an 
entry in the same, by the county clerk, shall be received as evi- 
dence in all courts within this State. 



JUSTICES AND CONSTABLES. 189 



Article II. 

JURISDICTION. 

Cases enumerated.] Section 1. Justices of the peace shall have 
jurisdiction in their respective counties in the following cases, 
when the amount claimed does not exceed two hundred dollars: 

First. In actions arising on contracts, whether under seal or not, 
express or implied, for the recovery of money only. When the 
action is upon a bond, the amount to be recovered thereon, and 
not the penalty of the bond shall determine the jurisdiction, and 
when the payments are to be made by installments, an action may 
be brought for any installment as it shall become due. 

Second. In actions for damages for injury to real property, or 
for taking, detaining or injuring personal property. 

Third. In actions for rent and distress for rent. 

Fourth. In actions against railroad companies and any person 
or company controlling, operating or using any railroad, for killing 
or injuring horses, cattle, sheep, hogs, or other stock; for loss of 
or injury to baggage or freight, and for injury or damage to real 
or personal property, caused by setting fire to the same by their 
engines, or otherwise. 

Fifth. In actions of replevin, when the value of the property 
claimed does not exceed two hundred dollars. 

Sixth. In actions for damages for fraud in the sale, purchase or 
exchange of personal property, and in all cases where the action 
of debt or assumpsit will lie, if the damages claimed do not exceed 
two hundred dollars. This section shall apply to claims originally 
exceeding two hundred dollars, if the same shall at the time of 
rendition of the judgment, be reduced by credits or deductions to 
an amount not exceeding two hundred dollars. 

Seventh. In all actions arising under the laws for the incorpo- 
ration of cities, towns and villages, or any ordinance passed in 
pursuance thereof, where the amount claimed does not exceed two 
hundred dollars. 

Eighth. In actions arising under the law in relation to dram- 
shops, where the damage claimed does not exceed two hundred 
dollars. 

Ninth. In all actions for the recovery of statutory fines or pen- 
alties in which the amount claimed does not exceed two hundred 
dollars. 

Tenth. In all actions by and against towns, cities, villages or 
other municipal corporations, which, if brought by an individual, 
might be brought before a justice of the peace. 

Eleventh. To assess damages for sheep killed by dogs. 

Twelfth. In proceedings against vagrants or vagabonds. 



191) JUSTICES AND CONSTABLES. 

Tbirteeatb. In actions arising under tbe laws for tbe preserva- 
tion of fisli and game. 

Fourteenth. In actions of forcible entry and detainer. 

Fifteenth. In all criminal actions in which the punishment is 
by fine only, and does not exceed two hundred dollars, and such 
other jurisdiction as has been, or shall be, conferred by law. 

Sixteenth. In garnishment by attachment or summons, the amount 
of the claim of the garnishor, and not the amount of the answer 
of the garnishee, shall determine the jurisdiction. 

Bond for cost.] § 2. No person who is not a resident of this 
State shall commence any action before a justice of the peace until 
such non-resident shall file with the justice before whom such ac- 
tion may be brought a bond, with sufficient security, for the pay- 
ment of all costs which may be awarded against the plaintiff, 
should he fail in his suit, which bond shall be in the following- 
form, as near as may be, insertiog the names of the parties, the 
county and state: 

STATE OF ILLINOIS, ) 

\ [ ss. 
County. ) 

A B Y 



vs. y Before ....... Justice of the Peace. 

C E J 

I, E. F., do enter myself security for all costs that may accrue 
in the above cause. Dated this. . . .day of 

E F 

If any &uch action shall be commenced without filing such bond 
for costs, the justice, on motion, shall dismiss the same, unless 
said bond for costs shall be filed within such time as shall be 
fixed by the justice, and when so filed it shall relate back to the 
commencement of the action. The right to require security for 
costs shall not be waived by any proceeding in such action. 

Liability oe secueity — bond in other cases.] § 3. Such 
bond shall be signed by the security, and if the plaintiff shall fail 
in his action, discontinue, or make default, and shall not, within 
twenty days thereafter pay to the justice all the costs that may 
be occasioned to the defendant, to the justice and constable, jurors 
or witnesses, or perfect an appeal, the justice shall issue his exe- 
cution against the security for the amount thereof, accompanied 
with a bill of costs, in which he shall set down every particular 
charge. No bond for costs shall be required of any resident of 
this State, except in qui tarn or other actions specially requiring 
bond by law. 



JUSTICES AND CONSTABLES. 191 



SUMMONS. 

Form — SERVICE. ] § 4. Every action before a justice, except as 
otherwise provided, shall be commenced by summons, which shall be 
in the following form, as nearly as the case will admit, viz.: 

STATE OF ILLINOIS, ] 

> ss. 
County. ) 

The People of ihe Staie of JlUnois, io any Constable of said 
Co2m/?/— Greeting : 

You are hereby commanded to .summon A B to appear before 
me at........ on the.... day of. at. .. .o'clock, .m., to an- 
swer the complaint of C D for a failure to pay him a certain 
demand, not exceeding two hundred dollars, and hereof make due 
return, as the law directs. Given under my hand this.... day of 

......... 18.. 

John Doe, J. P. 

In which summocs the justice shall specify a certain place, day 
and hour, which shall be between the hours of 8 o'clock a. m. 
and 4 o'clock p. m., for the trial, not less than five nor more than 
fifteen days from the date of such summons, at which time and 
place the defendant is to appear. Every summons shall be served 
at least three days before the time of trial mentioned therein, by 
reading the same to the defendant. 

Indorsement.] § 5. The justice shall indorse on the back of 
every summons the sum demanded by the plaintiff, with the 
costs due thereon, and the defendant may pay the same to the 
constable in whose hands such process may be, who shall give a 
receipt therefor, which shall exonerate the defendant from the 
debt and all further costs. 

Service by copy.] § 6. When any defendant shall evade the 
service of process, or not listen to the same, or secrete himself, 
then the officer shall serve the same by leaving a copy at his 
place of residence wdth some person of the age of ten years or 
upw^ards, and in all such cases, the constable shall make a special 
return when and how served, and the circumstances attending the 
same, and if the justice shall be satisfied that the defendant 
evaded the service by reading, and that the party is sufficiently 
notified and sumnaoned, he shall proceed to hear and determine 
the case. 

Service by copy when defendant not found.] § 7. When a 
defendant cannot be found, alias summonses may be issued in the 
same case, and the first and each successive summons may be 
served by leaving a copy thereof at the place of residence of the 
defendant, with some member of his family of the age of ten 
years or upwards, until personal service is had on such defendant, 
or he shall appear upon a return day, when the cause may pro- 
ceed as in other cases. 



192 JUSTICES AND CONSTABLES. 



Service on coepoeations.] § 8. An incorporated company 
may be served by leaviiig a copy of the summons with its presi- 
dent, secretary, superintendent, general agent, cashier or principal 
clerk, if either can be found in the county in which the action is 
brought; if neither shall be found in the county, then by leaving 
a copy of the summons with any director, clerk, engineer, con- 
ductor, station agent, or any agent of such company found in the 
county. 

Seevice of peocess on trustee of eaileoad. ] § 9. a trustee 
or trustees operating, managing or controlling a railway may be 
served with process by leaving a copy of such process with such 
trustee or trustees, if he or they can be found in the county in 
which the action is brought; if he or they shall not be found in 
the county, then by leaving, a copy of such process with any 
clerk, secretary, superintendent, general agent, engineer, conductor, 
station agent, or any agent in the employ of such trustee or 
^trustees who may be found in the county in which such action is 
brought. 

Municipal corporations.] § 10. In actions against municipal 
corporations, process may be served upon such corporation by de- 
livering a copy thereof to the mayor, president, chairman, clerk, 
or secretary of such corporation. 

Article III. 

BAIL AND proceedings THEREIN. 

Affidavit — capias— form.] Section 1. When any person shall 
be about to commence suit upon any contract, whether under 
seal or not, expressed or implied, if the plaintiff, or some person 
on his behalf, shall make, subscribe and tile with the justice an 
affidavit setting forth the cause of action, and the amount due 
the plaintiff', and facts showing a strong presumption of fraud in 
contracting or evading the payment of the debt respecting which 
the action is about to be brought; or that the defendant has re- 
fused to deliver his estate for the benefit of his creditors in the 
manner prescribed by law; or if the action is for a tort, setting 
forth the principal facts, showing the cause of action and the 
amount the plaintiff expects to be able to recover, and that the 
benefit of whatever judgment may be obtained will be in danger 
of being lost unless the defendant is held to bail, and setting 
forth the reasons of such danger, it shall be the duty of the 
justice, if he shall be satisfied from the facts stated in such 
affidavit that the defendant was guilty of fraud in contracting or 
evading the payment of the debt respecting which the action is about 
to be brought, or refused to deliver his estate for the benefit of 
his creditors in the manner prescribed by law, or has committed 
such tort, and that whatever judgment may be obtained will be 
in danger of being lost unless the defendant be held to bail, to 
issue a capias for the arrest of such defendant, which may be in 
the following form: 



JUSTICES AND CONSTABLES. 193 



STATE OF ILLINOIS, 

' ss. 
County. 

The People of ihe State of Illinois to any Constable of said 
county — Greeting : 

You are hereby commanded to take the body of 

and bring him forthwith before me, unless special bail be en- 
tered, and if such bail be entered, you will then command him to 

appear before me at on the day of at 

o'clock. .. .M. to answer the complaint of A B for failure to pay 
him a certain demand, not exceeding two hundred dollars ($20O) 
and hereof make due return as the law directs. 

Given under my hand this day of A. D. 18 . . 

John Doe, J. P. 

Bond of plaintiff.] § 2. Before issuing a capias the 
justice shall take from the plaintifP, or his agent, a bond, with 
approved security, and file the same with the papers in the case, 
in substance as follows: 



STATE OF ILLINOIS, 
County. 



\ ss. 



A B ^ 

I 
vs. [-Before Justice of the Peace. 

C D J 

We hereby bind ourselves to pay all damages and costs, if any, 
which may be occasioned by the wrongful issuing of a capias in 
this case. 

Dated this .... day of A. D 

(Seal.) 

(Seal.) 

Special bail.] § 3. The defendant shall have a right 
to release his body, arrested by virtue o£ such process, by giving 
special bail to the constable executing the same, which shall be 
indorsed, with the amount claimed, on the back of the capias, in 
the following form, as nearly as the case will admit, viz.: 

I, G F, acknowledge myself special bail for the within named 
C. D. 

Witness my hand, this .... day of 18 . . 

G F 



Which indorsement shall be signed by one or more securities, 
to be approved by the constable taking the same, and shall have 



194 JUSTICES AND CONSTABLES. 



the force and effect o.' a recogiiizauoe of bail, the coudition of 
which is, that the defendant, if judgment shall be given against 
him, will pay the same Avith costs, or surrender his body in exe- 
cution, and in default of such payment or surrender, the goods 
and chattels of the bail shall be liable for the payment of the judg- 
ment and costs. If the body of the defendant shall be rendered 
in execution by himself or his bail within the life of such execu- 
tion, or if a sufficiency of the defendant's property shall be found 
to satisfy the judgment and costs, the bail shall be exonerated. 

Tkaversing affidavit.] § 4. The defendant, in case he 
shall be in custody or have given bail, may traverse the allega- 
tions of the affidavit, and if upon trial the issues are found in his 
favor, he shall be discharged and the bail released, and the capias 
shall have only the effect of a summons. 

SuEEENDEB.] § 5. The bail may, at any lime while the 
plaintiff shall be entitled to execution against the body of the 
defendant, give notice in writing to the plaintiff, or his agent or 
attorney, that he desires to surrender the defendant in execution, 
and if the plaintiff shall neglect to sue out execution within ten 
days after the service of such notice, or shall fail to charge the 
defendant in execution when he may, the bail shall be discharged. 

Peoceedings AGAINST BAIL.] § 6. lu all cases in which the 
defendant shall give special bail under the provisions of this 
article, and shall not be surrendered on or before the return day 
of the execution against his body, and sufficient property is not 
found to pay the judgment and costs, within the same time, it 
shall be the duty of the justice of the peace, upon the applica- 
tion of the plaintiff or his agent, to issue a summons against the 
special bail substantially in the following form, to-wit: 

STATE OF ILLINOIS, } 

> ss. 
County. ) 

The People of the State of Illinois to any Constable of said 
countij —Greeting : 

You are hereby commanded to summon .... to appear before me 
at .... on the .... day of .... at ... . o'clock . . m., to show cause, if any 
he have, why judgment should not be rendered against him, in 
favor of.... for the use of.... upon a capias issued by me againat 
him, in favor of.... for sum of .... dollars and .... cents, the 
amount of the judgment rendered against the said.... in favor of 
the said...., and hereof make due return. 

Given under my hand, this .... day of .... , 18 . . 

John Doe, J. P. 

.In which summons, the justice shall specify a certain day, place 
and hour for the trial not less than five nor more than fifteen 
days from the date thereof, at which time and place the defend- 
ant is to appear, which process shall be served and return made 

as in nfVifir r^asPH. 



JUSTICES AND CONSTABLES. 195 



Default.] § 7. If the defendant does not appear, the justice 
shall hear the case, enter judgment, and issue execution as in 
other cases. 

Trial— DEFENSES.] § 8. If the defendant shall appear at the 
time and place appointed for trial, he shall be permitted to show 
cause for his failure to comply with the conditions of his under- 
taking, or to show that he has complied witli the same, and if it 
shall appear that the defendant was prevented from surrendering 
the body of the original defendant by the act of the plaintiff, or 
that the said original defendant had departed this life previous to 
the time required for making such surrender, or that he could not 
be surrendered by reason of his being imprisoned for a crime, or 
that his health was such as to endanger his life by such sur- 
render, or that he had delivered the body in execution according 
to the condition of the recognizance, or had been released from 
such debt under any insolvent law of this State or any bankrupt 
law of the United States, or the plaintiff has neglected to sue out 
execution against the original defendant within ten days after 
being notified by the bail of his desire to surrender such defend- 
ant, or has neglected to charge him in execution when he might 
have done so, then the bail shall be released and discharged from 
ail liability. 

Article IV. 

CHANGE OP VENUE. 

Venue — how changed.] Section 1. Previous to the commence- 
ment of any trial before a justice of the peace, either party, or his 
agent or attorney, may make oath that it is the belief of such 
deponent that the plaintiff or defendant, as the case may be, can- 
not have an impartial trial before such justice, whereupon, it 
shall be the duty of the justice immediately to transmit all the 
papers and documents belonging to the action to the nearest 
justice of the peace in the same county, who is not of kin to 
either party, sick, absent from the town, or interested in the event 
of the action, as counsel or otherwise, who shall proceed as if 
the action had been instituted before him. The distance, as con- 
templated in this sectioQ, shall mean to be by the nearest traveled 
route. 

Costs.] § 2. The costs of a change of venue shall abide the 
result of the action, and shall not be demanded in advance. 

Article V. 

TRIAL AND JUDGMENTS. 

Trial by consent.] Section 1. If both parties agree to have 
a difference decided by a justice of the peace, without process, he 
shall enter the same on his docket, noting particularly such con- 
sant, and proceed as in other ca8e3. 



196 JUSTICES AND CONSTABLES. 



Default of plaintiff.] § 2. If the plaintiff or his agent shall 
not appear at the time appointed for the trial, and no sufficient 
reason shall be assigned to the justice why such plaintiff or his 
agent does not appear, the justice shall dismiss the action, and 
the plaintiff shall pay the costs, unless the defendant shall c »n- 
sent that such action be continued to another day, but this sec- 
tion shall not require the dismissal of an action on a note or in- 
strument of writing for the payment of money only, placed in 
the hands of a justice for collection. 

Default of defendant — affidavit of claim.] § 3. If the 
defendant shall not appear at the time of trial, after giviug bail, 
or after being served with summons, and no sufficient reasoD be 
assigned to the justice why he does not appear, the justice shall 
proceed to hear and determine the cause, but shall not give judg- 
ment in favor of the plaintiff unless the plaintiff shall fully prove 
his demand in the same manner as if the defendant were present 
and denied the same. If the plaintiff in any action upon a con- 
tract, expressed or implied, for the payment of money shall file 
with the justice, at the time of commencing such action, an affi- 
davit showing the nature of his demand and the amount due him 
from the defendant, after allowing to the defendant all his just 
deductions, credits and set-offs, if any, he shall be entitled to 
judgment, in case of default, but the justice may require further 
evidence. In cases of appeal from the judgment of the justice of 
the peace, as aforesaid, euch affidavit shall have the same force and 
effect in the appellate court as if such action had been commenced 
in such appellate court. 

Teial— judgment.] § 4. When the parties shall appear and 
be ready for trial, the justice shall proceed to hear their respec- 
tive allegations and proofs, and, if the action be upon a contract, 
expressed or implied, shall thereupon give judgment against the 
party who shall be proved to be indebted to the other for so 
much money, in dollars and cents, as shall appear to be due, in- 
cluding such interest as is allowed by law, and costs of suit, or 
for the amount of damages proved, but if neither party shall ap- 
pear to be indebted, or no damages are proved, the judgment 
shall be against the plaintiff for the costs of the suit. If the 
action is for a tort, the judgment shall be for the plaintiff, for the 
damages proved and costs of suits, or if no damages are proved, 
the judgment shall be against the plaintiff for costs. 

Judgment against part and in favor of others.] § 5. If an 
action be brought against two or more defendants, and it shall 
appear upon the trial that one or more of the defendants is not 
jointly liable with the others upon the contract or cause of action 
sued upon, judgment shall be given against such as appear to be 
liable, and in favor of the others. 

New defendants. ] § 6. If it shall appear, at any time before 
final judgment, that any other person is jointly liable with the de- 
fendant, in any action before a justice, such person may be added 



JUSTICES AND CONSTABLES. 197 



as a party to the suit upon the plaintiff paying all costs that 
shall be occasioned thereby, and the cause may be continued for 
service upon such added defendant. The summons shall describe 
such added defendant as impleaded with the original defendant. 
In other respects it shall be in like form, and be served and re- 
turned as an original summons. 

Amendments.] § 7. The justice may, at the request of either 
party, at any time before final judgment, amend the summons and 
■other papers in the case, so as to make the same conform to the 
true names of the plaintiff and defendant, but this section shall 
not be construed to allow any proceeding against a person not 
served with process and not appearing. 

Dismissal of defendants.] § 8. The plaintiff may, at any 
time before final judgment, at his own costs, dismiss as to any 
one or more defendants. 

Joint judgment— sepaeate claims.] § 9. The justice shall 
give one entire judgment for the whole amount proved to be due 
against so many of the defendants, jointly, as shall be prove i to 
be jointly indebted to the plaintiff. But if it shall appear to the 
justice that any two or more of the defendants are severally in- 
debted to the plaintiff, upon separate and different causes of action, 
such plaintiff shall not be allowed to bring in such separate claims, 
nor shall he be barred, by the determination of his suit against 
such joint defendants, from prosecuting his action against the re- 
spective defendants for the recovery of such separate demands. 

SciFtE FACIAS to MAKE PARTIES TO JUDGMENT.] § 10. If any 

summons or capias is served on any one or more, but not on all 
the defendants, the plaintiff shall be at liberty to proceed to trial 
and judgment in the same manner as if all the defendants were in 
court, and judgment may be entered and execution issued against 
the defendant served with process. And the justice of the peace 
shall, on the application of the plaintiff, issue another summons, 
in the nature of a scire facias, against the defendant or defend- 
ants not served with original process, as aforesaid, to cause him or 
them to appear before said justice of the peace, at some stated 
time, not less than five nor more thin fifteen days from the date 
of such scire facias, to show cause why he or they should not be 
made parties to said judgment. And the justice of the peace shall, 
on return showing service of such scire facias, at least three days 
previous to the time fixei for hearing the same, proceed to hear 
and determine the matter in the same manner as if such defendant 
or defendants had oeen originally served with process, and may 
grant continuance as in other cases. 

Form of scire facias.] § 11. The scire facias shall be sub- 
stantially in the following form: 



198 JUSTICES AND CONSTABLES. 



STATE OF ILLINOIS, ) 

>■ ss. 

County, ) 

The people of the State of Illinois, to any constable of said 
county — Gkeeting : 

Whereas, A B did, on the day of 18. . . . recover 

a judgment before the undersigned, one of the justices of the peace 
of, in and for the county aforesaid, against C D, impleaded with 

E F, for tlie sum of as well as the costs of suit: You 

are, therefore, hereby commanded to summon the said E F to be 

and appear before the undersigned, at his office in in said 

county on the day of 18 ... . at ... . o'clock . . . .m, 

to show cause, if any he have, why he shall not be made a party 
to said judgment, and make due return hereof, as the law directs. 

Given under my hand this day of 18 ... . 

J. P. 

Trial on scire facias.] § 12. On the hearing of such scire 
facias the plaintiff shall be held to prove his cause of action 
against such added defendant or defendants, as if no judgment had 
been entered, and such defendant or defendants shall be allowed 
the benefit of any payment which may have been made on the 
judgment before recovered, and the judgment of the court, if 
against the defendant or defendants, shall be that the plaintiff re- 
cover of such defendant or defendants, together with the defendant 
in the former judgment, the amount of his debt or damages, as 
the case may be, and on such judgment, execution may issue 
against all the defendants as in other cases. The judgment shall 
not be for a greater amount than the original judgment, and in- 
terest thereon from the time of rendering the same. 

Jury.] § 13. In all cases of trial before a justice of the peace, 
either party may have the cause tried by a jury if he shall so 
demand before the trial is entered upon, and will first pay the 
fees of the jurors. The number of jurors' shall be six, or any 
"greater number not exceeding twelve, as either party may desire. 

Form of jury summons.] § 14. The writ for summoning jurors 
may be in the following form: 
STATE OF ILLINOIS, ) 

\ ss. 

County. 3 

The People of the State of Illinois, to any Constable of said 

coitn/?/ — Greeting: 

We command you to summon. .. .lawful men of your courty to 

appear before me, at.... on the.... day of 18.... at.... 

o'clock. . . .m., who are not kin to , plaintiff, or to , 

defendant, to make a jury between said parties, in a certain cause 
pending before me, and have you then and there the names of 
the jury and this writ. 

Witness my hand this .... day of , 18 . . . . 

John Doe. J. P, 



JUSTICES AND CONSTABLES. 199 



Impaneling JUEY — instructions. J § 15. The jurors may be sworn 
and examined as to their qualifications, which shall be the same 
as required of jurors in courts of record, except as otherwise pro- 
yided in this article, and when accepted by the parties, shall be 
sworn to try the cause, but they shall not be instructed as to the 
law by the justice, except as to the form of the verdict. Judg- 
ments shall be entered by the justice in accordance with the verdict. 

Competency of jurors— challenges.] § 16. If any juror, 
summoned as aforesaid, shall be interested in the event of the ac- 
tion, or of kin to either party, or shall have formed or expressed 
his settled opinion on the matter aboat to be tried, or has served 
on a jury in any trial before a justice of the peace, at any time 
within three months, or shall, for any other cause, be a partial or 
improper juror, in that case the justice shall discharge such juror, 
at the instance of either party, and when, by such discharge, or the 
failure of any juror to attend, the jury shall not be complete, the 
justice shall direct the constable to summon as many persous from 
among the bystanders or other persons as shall be required to fill 
such jury, which summons shall be verbal. Each party shall have 
the right to three peremptory challenges of such jurors. 

Claim acquired after action brought.] § 17. No party shall 
be permitted to introduce at the trial, any note, bond, debt or 
other claim against his adversary which he shall have acquired 
after the commencement of the action. 

Consolidation of claims.] § 18. In all actions which shall be com- 
menced before a justice of the peace, each party shall bring forward 
all his demands against the other existing at the time of the com- 
mencement of the action, which are of such a nature as to be consoli- 
dated, and which do not exceed two hundred dollars when con- 
solidated into one action or defense, and on refusing or neglecting 
to do so shall forever be debarred from suing therefor. 

Demand or set off exhibited.] § 19. The justice shall, at 
the request of either party made before the trial shall have been 
entered upon, require the other to exhibit his account or state the 
nature of his demand or set-off in writing, and upon the trial may 
preclude the party failing to do so from giving evidence of the 
same or such part thereof as shall not have been exhibited or 
stated. 

Tender.] § 20. If the d* fendant in any action before a jus- 
tice will tender to the constable or deposit with the justice the 
amount actually due the plaintiff, with all costs that shall have 
accrued at the time, or will pay or tender the same to the plaintiff 
or his agent or attorney, and in case the same is not accepted, 
deposit the money with the justice, at or before the time of trial, 
all costs that shall accrue thereafter shall be adjudged against 
the plaintiff. 

When justice unable to attend trial.] § 21. When 
a justice of the p-^-Rce before whom an action is pending, is un- 
able, on accoint of sickness or other cause, to attend at th"^ time 



200 JUSTICES AND CONSTABLES. 



and place fixed for the trial, any other justice of the peace in 
the town or precinct naay, at his request, attend at the time and 
place fixed for the trial, and continue the cause to some other 
day, or, if the parties shall agree, may hear the cause instead 
and in behalf of the justice calling him, and the judgment so 
entered shall have the same force and effect as if rendered by 
the justice before whom the action is pending. 

Attokneys' fees in judgments foe wages.] § 22. In 
actions by any mechanic, artisan, miner, laborer, servant or em- 
ploye for wages earned and due, in which the court or jury shall 
find that the amount for which the action is brought is justly 
due, and that a demand has been made in writing at least three 
days before the action was commeoced, for a sum not exceeding 
the amount so found due, it shall be the duly of the justice to 
allow to the plaintiff a reasonable attorney's fee, not less than 
five dollars, in addition to the amount found due for wages, to be 
taxed as costs of suit. 

Judgment for wages of laborers or servants.] § 23. In 
case the justice shall find, and express in any judgment ren- 
dered by him, that such judgment is rendered for the wages of 
any laborer or servant, he shall endorse such findin g upon the 
execution when issued. 

Article VI. 

evidence and depositions. 

Form of subpcena.] Section 1. When either party shall re- 
quire the attendance of a witness in any action pending before a 
justice, it shall be the duty of the justice to issue a subpcena in 
the following form, as nearly as the case will admit, viz.: 

STATE OF ILLINOIS, ) 

> ss. 
County. ) 

The People of the State of Illinois to A B .• 

You are hereby commanded to appear before me, at on 

the .... day of at ... . o'clock . . M., then and there to. testify 

the truth in a matter in suit, wherein C D is plaintiff and E F 
is defendant, and this you are not to omit, under the penalty of 
the law. 

Given under my hand, this .... day of 18 ... . 

John Doe, J. P. 

Which subpoena may be served by a constable or any other 
person by reading the same to the witness, but no mileage or 
fees shall be allowed to any person other than a constable serv- 
ing the same. 

Four witnesses in each subpcena.] § 2. In all cases where 
a justice of the peace is required to issue a subpoena at the in- 



JUSTICES AND CONSTABLES. 201 



stance of either party to an action, it shall be his duty to insert 
the names of four witnesses in each subpoena, if the party de- 
maudini^ the same shall require the attendance of that number, 
and in no case shall a justice of the peace be permitted to charge 
and receive pay for any subpoena commanding the citation of a 
less number, where as many as four shall be required by the 
same party at the same time, to be used in the same action. 

Witness fees— how taxed.] § 3. Each witness so summoned 
shall be entitled to fifty cents per day for attending each trial, to 
be taxed with the other costs of suit, and paid when the judg- 
ment aud costs are collected, but if more than two wito esses shall 
be sworn in any case to testify to one fact on the same side, the 
party requiring such extra witness shall be at the whole expense 
of procuring the same, but no such fee shall be taxed by the 
justice unless claimed by the witness attending. 

Denial of execution ok indorsement.] § 4. No party to 
any action before a justice shall be permitted to deny the execu- 
tion or any indorsement of any written instrument upon which 
the action shall be founded, or which shall be offered as a set-off 
or acquittance for the debt demanded in such action, unless the 
said denial be by affidavit of the party so denying the execution 
or indorsement thereof. 

Joint plaintiffs— evidence ] § 5. In trials of actions upon 
contracts, express or implied, where the action is brought by joint 
plaintiffs or partners, or by joint payees or obligees, it shall not be 
necessary for the plaintiff, in order to maintain any such action, 
to prove the right of plaintiffs to sue, or the co-partnership of the 
individual named in such action, or to prove the christian or sur- 
names of such plaintiffs, partners, or joint payees or obligees; but 
the names of such plaintiffs, co-partners, joint payees or obligees 
shall be presumed to be truly set forth in the writ. Nothing 
herein contained shall prevent the defendant or defendants in any 
such action from proving on the trial, either that more persons 
ought to have been plaintiffs or that more persons have been 
made plaintiffs than have a legal right to sue, or that the christian 
or surname is other and different from the one stated in the writ. 

Joint defendants-evidence.] § 6. In actions upon contracts, 
express or implied, against two or more defendants, as joint 
defendants or partners, or joint obligors or payors, whether so 
alleged or not, proof of the joint liability or partnership of the 
defendants, or their christian or surnames, shall not, in the first 
instance, be required, to entitle, the plaintiff' or plaintiffs to judg- 
ment, unless the defendant or defendants, or any of them, shall 
deny the partnership or joint liability or the execution of the in- 
strument sued upon by affidavit. 

Denial op corporate existence or name.] § 7. In actions 
by or against corporations, it shall not be necessary to prove the 
existence of such corporation, or that it sues or is sued by its 
corporate name, unless previous to the commencement of the trial. 



202 JUSTICES AND CONSTABLES. 



the corporate existence of such plaintiif or defendaat, or that its 
name is correctly stated is denied in writing, signed by the party 
making such denial or by his agent or attorney. 

How DEPOSITIONS TAKEN.] § 8. Depositions in actions before 
justices of the peace shall be taken upon like notice and in like 
manner, as near as may be, as depositions may be taken to be 
used in courts of record. 

Akticle YII. 

continuances 

Continuances— CAUSES fob.] Section 1. The justice, before the 
-commencement of the trial, may continue a cause not exceeding 
ten days at any one time, upon consent of the parties, or for any 
good cause shown, and either party shall be entitled to such con- 
tinuance if it shall appear upon his oath, or that of a credible 
witness, that he cannot safely go to trial on account of the absence 
of material testimony. No continuance shall be granted on the 
application of either party, unless it shall appear that he has 
used due diligence to be ready for trial, nor for the want of evi- 
dence if the other party will admit the facts proposed to be proved, 
or if the evidence desired is the testimony of a witness, that the 
witness, if present, would testify as lalleged by the party applying 
for the continuance, and the party making such admission may 
controvert the facts proposed to be proved by such absent witness. 

Continuances foe depositions.] § 2. Either party may have 
the cause continued a reasonable time, not exceeding one month 
at any one time, for the purpose of taking the deposition of a 
witness in like cases as depositions may be taken in courts of 
record. 

Article VIII. 

attachments before justices. 

Attachments.] Section 1. Writs of attachment may be issued 
against the personal estate, goods, chattels, money, choses in 
action, credits and effects of debtors in all civil actions in which 
justices of the peace have jurisdiction, in any one of the follow- 
ing cases: 

First. Where the debtor is not a resident of this State. 

Second. Where the debtor conceals himself or stands in de- 
fiance of an officer, so that process cannot be served upon him. 

Third. Where the debtor has departed from this State with the 
intention oE having his effects remov^ed from this State. 

Fourth. AVhere the debtor is about to depart from this State 
with the intention of having his effects removed from this State. 

Fifth. Where the debtor is about to remove his property from 
this State to the injury of such creditor. 



JUSnCES AND CONSTABLES. 20):» 



Sixth. Where the debtor has, withni two years preceding the 
filing of the affidavit required, fraudulently conveyed or assigned 
his effects, or a part thereof, so as to hinder or delay his creditors. 

Seventh. Where a debtor has, within two years prior to the 
filing of such affidavit, fraudulently concealed or disposed of his 
property, so as to hinder or delay his creditors. 

Eighth. Where the debtor is about fraudulently to conceal, 
assign or otherwise dispose of his property or effects, so as to 
hinder or delay his creditors. 

Ninth. Where the debt sued for was fraudulently contracted on 
the part of the debtor: Provided, that the statements of the 
debtor, his agent or attorney, which constitute the fraud, shall 
have been reduced to writing, and his signature attached thereto, 
by himself, agent or attorney. 

Affidavit.] § 2. To entitle a creditor to such writ of at- 
tachment, he or his agent or attorney shall make and file with 
the justice, an affidavit setting forth the nature and amount of 
the indebtedness, after allowing all just credits and set-offs, and 
any one or more of the causes mentioned in the preceding sec- 
tion, and also stating the place of residence of the defendants, if 
known, and if not known, that upon diligent inquiry the affiant 
has not been able to ascertain the same. 

Bond.] § 3. The plaintiff, his agent or attorney, shall file 
with the justice a good and sufficient bond, payable to the de- 
fendant, with surety to be approved by the justice, in a penalty 
not less than double the amount of the plaintiff's claim, condi- 
tioned, substantially, as hereinafter provided. 

Form of affidavit.] § 4. Affidavits for attachment before 
justices of the peace may be substantially ia the following form: 

STATE OF ILLINOIS,^ 

J-ss. 
County of J 

A B, being duly sworn, says: That (here state if affiant is 
agent or attorney of the creditor, and if the suit is by firm, the 
name of the partners) has a just demand against (name of debtor), 
on account of (here make short statement of the nature of the 
demand), and the affiant believes (the name of the creditor) is 
entitled to recover of said (name of debtor), after allowing all 
just credits and set-offs .... dollars and ....cents, which is now 
due, and that he has good reason to believe and does believe 
that (name of debtor) (here state some one or more of the 
causes which authorize an attachment) the said (name of debtor) 
(here state the residence of the debtor if known, or if not, that 
the affiant has made diligent inquiry and cannot ascertain his 
place of residence.) 



^20 J: JUSTICES AND CONSTABLES. 

Condition of bond.] § 5. The condition of the bond shall be 
substantially as follows: 

The condition of the above obligation is such that, whereas, the 
above bounden .. . .hath, on the day of the date hereof, prayed an 

attachment at the suit of against the personal estate of 

the above named for the sum of and the same 

being about to be sued out, returnable on the. , . .day of 

before (said justice). Now, if the said shall prosecute his 

suit with effect or in case of failure therein shall well and truly 

pay and satisfy the said all such costs in such suit, and 

such damages as the said may sustain, by reason of wrong- 
fully suing out the said attachment, then the above obligation to 
be void; otherwise to remain in full force and effect. 

Witness our hands and seals, this . . . .day of 18. . . . 

Form of writ.] § 6. The writ of attachment shall be sub- 
stantially in the following form: 

STATE OF ILLINOIS, ) 

> ss. 
County. ) 

The People of the State of Illinois, to any constable of said 
county — Greeting : 

Whereas, A B, (or agent or attorney of A B, a^ the case may 
b»e, ) hath complained that E F is justly indebted to the said A B 

in the amount of dollars; and that the said E F (here state 

the cause as in the affidavit) and the said A B having given bond 
and security according to law; we therefore command you that 
you attach so much of the personal estate of the said E F to be 
found in your county as shall be of value sufficient to satisfy the 
said debt and costs, and such personal estate so attached, in your 
hands to secure, or so to provide that the same may be liable to 
further proceedings thereon, according to law, before the under- 
signed justice of the peace. And that you summon the said E F 

to appear before me, at my office, on the day of 

next, and that you also summon as garnishees, all persons whotn 
the plaintiff or his agent shall direct to appear before me at the 
same time and place, then and there to answer what may be objected 
against him or them, when and where you shall make known how 
you have executed this writ, and have you then and there this 
writ. 

Given under my hand and seal, this .... day of 18 ... . 

[seal.] C D, Justice of the Peace. 

Writ returnable. ] § 7. The writ of attachment shall be made 
returnable not less than five nor more than thirty days from the 
date thereof. 

Service of writ— return.] § 8. The constable to whom any 
attachment may be delivered shall, without delay, execute the same 
by levying on the personal estate, goods, chattels, moneys, choses 



JUSTICES AND CONSTABLES. '205 



in action, credits and effects of the defendant, of value sufficient 
to satisfy the debt or damages claimed to be due, and all costs 
attending the collection of the same. He shall also read the same 
to the defendant, if he can be found in the county, and also to 
such persons as the plaintiff or his agent shall direct to be sum- 
moned as garnishees, and make return thereof, stating how he has 
executed the same. 

Pursuit.] § 9. If the defendant, or any other person for him 
shall be in the act of removing such personal property, the officer 
may pursue and take the same in any county in this State, and 
convey the same to the county from which the attachment issued. 

Teial. } § 10, Upon the return of any attachment issued by a 
justice of the peace, if it shall appear that the defendant has been 
personally served with the same, or if such defendant shall appear 
without such service, the justice shall proceed to hear and deter- 
mine the cause, as in cases of proceeding by summons. 

Continuance-notice.] § 11. But if it does not appear that 
the defendant has been served, and no appearance be entered by 
the defendant, the justice shall continue the case not less than 
fifteen days, and shall immediately prepare a notice, to be posted 
up at three public places, in neighborhood of the justice, directed 
to the defendant, and stating the fact that an attachment had been 
issued and at whose instance, the amount claimed to be due, and the 
time and place of trial, and also stating that unless the said defendant 
shall appear at the time and place fixed for trial, judgment will 
be entered by default, and the property attached ordered to be sold 
to satisfy the same — which notice shall be delivered to the con- 
stable, who shall post three copies of the same at three public 
places in the neighborhood of the justice, at least ten days before 
the day set for the trial, and if the place of residence of the de- 
fendant is stated in the affidavit for the attachment, shall, at the 
same time, mail one copy of the notice addressed to such defendant 
at such place of residence, and on or before that day he shall re- 
turn the notices delivered to him by the justice with an indorse- 
ment thereon, stating the time when and the places where he posted 
and mailed copies as herein required. 

Continuance for notice.] § 32. If notice shall not be given 
according to law, or for any other cause, the justice may continue 
the case from time to time till proper notice shall have been given 
or the case is ready for trial. 

Trial after notice.] § 13. When notice shall be given of 
any proceeding by attachment, as required by this article, the 
justice shall, on the day set for trial of the cause, proceed to hear 
and determine the same, as though process had been personally 
served upon the defendant, and if the judgment be given against 
the defendant, shall order a sale of the property attached, or so 
much thereof as will satisfy the judgment and all costs of suit. 

Exceptions to bond, ] § 14. Exceptions to the bond taken by 
the justice shall be taken at or before the first hearing of the case 



206 JCJSnCES AND CONSTABLES. 



after the same bliall have been returued to the ju&tice, but the 
hearing of such exceptions may be adjourned for the purpose of 
giving notice to the constable, or for other good cause. 

Garnishment.] § 15. When an attachment shall be returned 
served upon any person as garnishee, the justice shall make an 
entry upon the record of his proceedings in the cause, stating the 
name of each person summoned, and continue the case as to such 
garnishee, and shall proceed with the cause as against the de- 
fendant in the attachment as though the attachment had been 
levied on personal property. 

Proceedings against garnishee.] § 16. The further proceed- 
ings against gurnishees shall be had in pursuance of the law on 
garnishment. 

Article IX. 

garnishment. 

Garnishment on judgment. ] Section 1. Whenever an execution, 
issued oc a judgment rendered by a justice of the peace shall be 
returned by the proper ofl&cer "no property found," on the affida- 
vit of the plaintiff or othev credible person filed with the justice 
of the peace that the defendant in the execution has no property 
within the knowledge of such affiant, in his possession, liable to 
execution, and that such affiant has just reason to believe that 
any other person is indebted to such defendant, or has any effects 
or personal estate of such defendant in his possession, custody or 
charge, such justice of the peace shall issue a summons against 
the person supposed to be indebted to or supposed to have any 
effects or personal estate of such defendant, commanding him to 
appear before some justice as garnishee, and such justice of the 
peace shall examine and proceed against such guarnishee in the 
same manner as is required by law against garnishees in original 
attachments. 

' Service and return of writ.] § 2. Such garnishee summons 
shall be made returnable within the same time, and served in the 
same manner as other summons issued by justices of the peace. 
The person for whose use such garnishee summons is issued shall 
advance, through the constable or officer serving the same, to the 
person summoned as garnishee, one dollar for each person so 
summoned, and five cents per mile for each mile of necessary 
travel to and from the office of such justice of the peace, and the 
constable or other officer making such service shall show by his 
return the fact of the payment of such fee and mileage, and such 
fee and mileage shall be taxed as costs in the case. Where the 
person or persons so srmmoned shall refuse or fail to appear at 
the time and place specified in such summons, the justice shall 
render a judgment against the person or persons so summoned for 
the amount of fees and mileage which have been tendered and 
received under the provisions of this section. 



JUSTICES AND CONSTABLES. 207 



Oral examination.] § 8. It shall not be Becessary to exhibit 
or file interrogatories in writing, but the garnishee may be ex- 
amined orally touching the personal estate, goods, chattels, moneys, 
choses in action, credits and effects of the defendant in execution, 
and the amount and value thereof in his possession, custody or 
charge, or from him due and owing to such defendant at the time 
of the service of such summons, or of any writ of attachment. 

Issue— HOW made and tried.] § 4. When the plaintiff in any 
garnishee proceeding shall allege that any garnishee served with 
process, or appearing before a justice of the peace, has not truly 
discovered the personal effects of the defendant, and the value 
thereof, in his possession, custody or charge, or from him due and 
owiijg to the defendant, at or after the time of the service of the 
writ, or which shall or may thereafter become due, the justice of 
the peace shall immediately (unless the case be for good 
.cause continued) proceed to try such cause, as against such gar- 
nishee, without the formality of pleading. The trial shall be con- 
ducted as other trials before justices of the peace, and if the 
finding or verdict shall be against the garnishee, judgment shall 
be given against him in the same manner as if the facts had been 
admitted by him, with all costs of such trial. If the finding shall 
be in favor of the garnishee, he shall recover his costs against the 
plaintiff. And in case the garnishee admits indebtedness to the 
judgment debtor, he shal Inot be liable for costs. 

Conditional and final judgment.] § 5. When any person 
shall have been summoned as a garnishee upon any attachment 
or other writ issued by any justice of the peace, and shall fail to 
appear or make discovery, as by this act required, the justice of 
the peace may enter a conditional judgment against such garnishee 
for the amount of the plaintift"s demand, or judgment against the 
original defendant, and thereupon a scire facias shall issue against 
such garnishee, returnable within the same time as other sum- 
monses from justices of the peace, commanding such garnishee to 
show cause why such judgment should not be made final. If such 
garnishee, being served with process or notified as required by 
law, shall fail to appear and make discovery in the manner afore- 
said, the justice of the peace shall confirm such judgment, to the 
amount of the judgment against the original defendant, and award 
execution for the same and costs. If such garnishee shall appear 
and answer, the same proceedings may be had as in other cases. 

Notice when sci. fa. not served.] § 6. If any garnishee 
shall become a non-resident, or shall have gone out of this State, 
or is concealed within this State so that the scire facias cannot 
be served upon him, upon the plaintiff' or his agent filing affidavit, 
as in cases of non-resident defendants in attachment, such gar- 
nishee may be notified in the same manner as such non-resident 
defendants, and upon such notice being given he may be proceeded 
against in the same manner as if he had been personally served 
with such scire facias. 



208 JUSTICES AND CONSTABLES. 



When judgment against original defendant necessary.] § 7. 
No final judgment shall be entered against a garnishee in any 
attachment proceeding until the plaintiff shall have recovered a 
judgment against the defendant in such attachment. 

Adverse claimants.] § 8. I£ it appears that any goods, 
chattels, choses in action, credits and effec:s in the hands of a 
garnishee are claimed by any other person, by force of an assign- 
ment from the defendant or otherwise, the justice of the peace 
shall permit such claimant to appear and maintain his right. If 
he does not voluntai*ily appear, notice for that purpose sball be 
issued and served on him in such a manner as the justice shall 
direct. 

Adverse claim — trials.] § 9. If such claimant appears, he 
may be admitted as a party to the action, so far as respects his 
title to the property in question, and may allege and prove aay 
facts necessary to establish his claim to such property, and such 
allegations shall be tried and determined in the manner herein- 
before provided. If such person shall fail ti appear after having 
been served with notice in the manner directed, he shall be con- 
cluded by the judgment in regard to his claim. 

Deductions and set-offs of garnishee.] § 10. Every gar- 
nishee shall be allowed to retain or deduct out of the property, 
effects or credits in his hands all demands against the plaintiff, 
and all demands against the defendant, of which he could have 
availed himself if he had not been summoned as garnishee, 
whether the same are at the time due or not, and whether by 
way of set off on a trial, or by the set-off of judgments or executions 
between himself and the plaintiff and defendant severally, and he 
shall be liable for the balance only after all mutual demands be- 
tween himself and the plaintiff and the defendant are adj^^sted, 
not including unliquidated damages for wrongs and injuries. 
The verdict or finding, as well as the record of the judgment, 
shall show in all cases, against which party, and the amount 
thereof, any set-off shall be allowed, if any such shall be allowed. 

Negotiable paper.] § 11. No person shall be liable as a 
garnishee by reason of having drawn, accepted, made or indorsed 
any negotiable instrument, when the same is not due, in the 
hands of the defendant, at the time of service of the garnishee 
summons, or the rendition of the judgment. 

Of the judgment. J § 12. The judgment against the garnishee 
shall in no case exceed the indebtedness of the garnishee to the 
defendant in the execution or attachment. If the indebtedness of 
the garnishee is equal to or exceeds the judgment against the 
original defendant, together with the interest and cost thereon, 
then the judgment shall be for the amount of the plaintiff's 
judgment, interest and costs. If the indebtedness of the garnishee 
exceeds the amount of the plaintiff's judgment, interest and costs, 
the judgment shall not bar the right of the original defendant to 
recover such excess from the garnishee, but shall acquit and dis- 



JUSTICES AND CONSTABLES. 209" 



charge the garnishee from all demands by the original defendant 
for all money, goods, effects and credits paid, delivered or ac- 
counted for by the garnishee, by force of such judgment. 

Effect of judgment.] § 13, The judgment against a gar- 
nishee shall acquit him from all demands by the defendant for 
all goods, effects and credits paid, delivered or accounted for by 
the garnishee by force of such judgment. 

A discharge no bar.] § 14. If the person summoned as gar- 
nishee is discharged, the judgment shall be no bar to an action 
brought against him by the defendant for the same demand. 

Eevival of garnishment against executor, etc.] § 15. In 
case of the death of a person served as garnishee, his executor 
or administrator may be made a party and notified, unless his 
appearance is entered, as in the case of the death of a defendant, 
and the cause may proceed against him as personal representative 
of the deceased. 

Execution not to issue till debt due.] § 16. When judg- 
ment is rendered against any garnishee, and it shall appear that 
the debt from him to the defendant is not yet due, execution 
shall not issue against him until twenty days after the same 
shall become due. unless the party asking the same, or his agent, 
shall make oath that he believes the debt will be lost unless ex- 
ecution issue forthwith, in which case execution shall issue as 
soon as said debt to the defendant is due, but no sale of prop- 
erty, under such execution, shall take place until after the ex- 
piration of twenty days from the day of judgment. • 

Goods, etc., surrendered in execution.] § 17. When any 
garnishee has any goods, chattels, choses in action, or effects 
other than money, belonging to the defendant, or which he is 
bound to deliver to him, he shall deliver the same, or so much 
thereof as may be necessary, to the officer who shall hold the 
execution in favor of the plaintiff", in the attachment suit or 
judgment, which shall be sold by the ofiicer, and the proceeds 
applied and accounted for in the same manner as other- goods 
and chattels taken on execution. 

When property is pledged, etc.] § 18. When it shall ap- 
pear that such goods, chattels, choses in action, or effects in the 
hands of a garnishee are mortgaged, or pledged, or in any way 
liable for the payment of a debt to him, the plaintiff may be 
allowed, under an order of the court or justice of the peace, for 
that purpose, to pay or tender the amount due to the garnishee, 
and he shall thereupon deliver the goods, chattels, choses in ac- 
tion and effects, in the manner before provided, to the officer who 
holds the execution. 

When plaintiff may perform conditions.] § 19. If the 
goods, chattels, choses in action or effects are held for any pur- 
pose, other than to secure the payment of money, and if the contract, 
condition or other thing to be performed, is such as can be per- 



210 JUSTICES AND CONSTABLES. 



formed by the plaintiff without damage to the other parties, the 
justice of the peace may make an order for the performance 
thereof by him. Upon such performance or a tender, the garnishee 
shall deliver the goods, chattels and effects in the manner before 
provided, to the officer who holds the execution. 

Sale — application of proceeds.] § 20. All goods, chattels, 
choses in action and effects, received by the officer under either 
of the two preceding sections, shall be sold and disposed of in 
the same manner as if they had been taken on an execution in 
any other manner, except that from the proceeds of the sale the 
officer shall repay the piain':iff the amount paid by him to the 
garnishees for the redemption of the same, with interest thereon, 
or shall indemnify the plaintiff for auj' other act or thing by him 
done or performed pursuant to the order of the justice of the 
peace for the redemption of the same. 

Equitable powees of couet.] § 21. When it shall appear 
that any garnishee has in his hands, or under his control, any 
goods, chattels, choses in action or effects belonging to or which 
he is bound to deliver to the defendant, with or without condi- 
tion, the justice of the peace may make any and all proper 
orders in regard to the delivery thereof to the proper officer, and 
the sale or disposition of the same, and the discharging of any 
lien thereon, and may authorize the garnishee to sell any such 
property or collect any choses in action, and account for the pro- 
ceeds thereof. 

When gaenishee refuses to deliver property.] § 22. If 
any garnishee refuses or neglects to deliver any goods, chattels, 
choses in action or effects in his hands, when thereto lawfully re- 
quired by the justice of the peace or officer having an execution 
upon which the same may be received, he shall be liable to the 
plaintiff for the full amount of his judgment against the defend- 
ant, and judgment may be entered against him therefor. 

Eights of garnishee.] § 23. Nothing contained in this 
chapter shall prevent the garnishee from selling any goods, 
chattels, choses in action or effects in his hands for the payment 
of any demand for which they are mortgaged, pledged or other- 
wise liable, at any time before the amount due to him is paid or 
tendered, if such sale would be authorized as between him and 
the defendant. 

Costs — fees to garnishee.] § 24. The justice of the peace 
may order the costs of the proceedings in any garnishment to be 
paid by the plaintiff, or out of the effects or credits garnisheed, or 
by the garnishee, or may apportion the same as shall appear to 
be just and equitable. The garnishee shall be entitled to fees 
the same as witnesses before the same courts in civil cases. 

Transcript filed in another county— gaenishment.] § 25. 
Whenever a judgment shall be rendered by any justice of the 
peace in any county of this State and not appealed from, and an 
execution against the defendant in such judgment shall be re- 



JUSTICES AND COxVsTABLES. 211 



turned by the proper officer, "No property found," it shall and 
may be lawful for the plaintiff, his agent or attorney, to file a 
transcript of said judgment (including the issuing and return of 
said execution) properly certified to by the justice of the peace 
before whom said judgment was obtained, accompanied with a 
certificate from the county clerk, that the justice issuing such 
transcript is an acting justice of the peace, with any other justice 
of the peace or any other county in this State and the sarce to 
be spread upon his docket— and the same proceeding in regard to 
garnishment had thereon might have been had before the justice 
who rendered the original judgment. 

Satisfaction of judgment— entey by both justices.] §26. But 
one satisfaction ghall be had, and if the justice of the peace to 
whom said transcript shall be sent, shall render a judgment against 
any garnishee summoned according to law, and if said judgment 
shall be wholly or in part satisfied, then the justice of the peace 
shall so certify such fact to the justice of the peace who rendered 
the origiual judgment, and the same entered on his docket as to 
what amount has been paid on said judgment, and if wholly paid, 
"then both dockets shall show such fact. 

Wages exempt.] § 27. The wages and services of a defendant 
being the head of a family, and residing with the same, to an 
amount not exceediug fifty dollars, shall be exempt from garnish- 
ment. In case the wages or services of such defendant in the 
hands of a garnishee shall exceed fifty dollars judgment, shall be 
given only for the balance above that amount. 

Transferring claims — exemption eights.] § 28. Whoever, 
whether principal, agent or attorney, with intent thereby to deprive 
any bona fide resident of the State of Illinois of his or her rights, 
under the statutes of Illinois on the subject of the exemption of 
property from levy and sale on execution, or in attachment, or 
garnishment, sends, or causes to be sent out of the State of Illi- 
nois any claim for debt to be collected by proceedings in attach- 
ment, garnishment, or other mesne process, when the creditor, 
debtor or person, or corporation owing for the earnings intended 
to be reached by such proceedings in attachment are each and all 
within the jurisdiction of the courts of the State of Illinois, shall, 
upon conviction thereof, be fined for each and every claim so sent, 
in any sum not less than ten dollars nor more than fifty dollars. 
L" Transferring claim— wages — foreign process — penalty.] §29. 
Whoever, either directly or indirectly, assigns or transfers anj- 
claim for debt against a citizen of Illinois, for the purpose of 
having the same collected by proceedings in attachment, garnish- 
ment, or other process, out of the wages or personal earnings of 
the debtor, in courts outside of the State of Illinois, when the 
creditor, debtor, person or corporation owing the money intended 
to be reached by the proceedings in attachment are each and all 
within the jurisdiction of the courts of the State of Illinois, shall, 
upon conviction thereof, be fined in any sum not less than ten 
dollars nor more than fifty dollars for each offense. 



212 JUSTICES AKD CONSTABLES. 



Wages op non-eesidents.] § 30. And whenever, in any pro- 
ceedings in any court of this State to subject the wages due to 
any person to garnishment, it shall appear that such person is a 
non-resident of the State of Illinois, that the wages earned by him 
were earned and payable outside the State of Illinois, the said 
person, whose wages are so sought to be subjected to garnish- 
ment, shall be allowed the same exemption as is at the time al- 
lowed to him by the law of the state in which he so resides. 

Aeticle X. 

appeal and ceetioeael 

Appeal-fgem of bond.] Section 1. Appeals from judgments 
of justices of the peace and police magistrates to the circuit or 
county court, and in the city court in cities in which there is a 
city court, shall be granted in all cases except on judgments con- 
fessed, and in the county of Cook appeals may also be granted to the 
superior court of said county. The party praying for an appeal 
shall, within twenty days from the rendition of the judgment from 
which he desires to take an appeal, enter into bond with security 
to be approved and conditioned as hereinafter provided, in sub- 
stance as follows: 

Know all Men hy these Presents, That we, A B and C D, are 
held and firmly bound unto E F in the penal sum of (here insert 
double the amount of judgment and costs), lawful money of the 
United States, for the payment of which well and truly to be 
made, we bind ourselves, our heirs and administrators jointly, 
severally and firmly by these presents. 

Witness our hand and seal, this. ..day of , 18. . 

The condition of the above obligation is such that whereas the 

said E. F. did, on the. ..day of A D. 18. ., before 

a justice of the peace (or police magistrate) f or .... county, (city 
or village), recover a judgment against the above bouuden A B 
for the sum of .... dollars (or for costs, as the case may be), 

from which judgment the said A B has taken an appeal to 

the court in the county of Now, if the said A B 

shall prosecute his appeal with effect, and pay whatever judgment 
shall be rendered against him by §aid court upon the trial of said 
appeal, or by consent, or in case the appeal is dismissed, or in 
case the matter in controversy is settled between the parties to 
the action without a trial by the court appealed to, will pay the 
judgment rendered against him by the said justice (or police 
magistrate) and all costs occasioned by said appeal (or if the 
judgment appealed from is in favor of the appellant, omit the 
words, judgment rendered against him by said justice or police 
magistrate) — then the above obligation to be void; otherwise to 
remain in full force and effect. A B. (Seah) 

C D. (Seal.) 

Approved by me, this .... day of A. D. 18 . . 



JQSTICES AND CONSTABLES. 213 



Which bond may be filed in the office of the justice of the 
peace rendering said judgment, or with the clerk of the court to 
which the appeal is taken. When such bond is filed with the 
justice, it shall be approved by him and he shall suspend all pro- 
ceedings in the case, and if execution shall have been issued, he 
shall recall the same and shall within twenty days after receiving 
and approving of the appeal bond, file the same in the office of 
the clerk of the court to which the appeal is taken. If the bond 
is filed with the clerk of the court to which the appeal is taken, 
it shall be approved by him, and upon the approval of the bond, 
the clerk shall issue a supersedeas enjoining the justice and con- 
stable from proceeding any further in said suit, and suspending 
all proceedings in relation thereto, and he shall issue a summons 
to the appellee to appear at the term of the court to which the 
appeal is returnable, which summons and supersedeas shall be served 
and returned as summons in other cases. Assoonas the supersedeas, 
issued as aforesaid, shall be served on the justice who gave the 
judgment and the constable in whose hands an execution or other 
process may be in relation thereto, they shall suspend all further 
proceedings thereon. When the bond is filed before the justice, 
or the supersedeas is served upon him as aforesaid, the justice shall 
return all the papers in the case and a transcript of his docket in 
the case to the clerk of the court to which the appeal is taken, 
with a certificate under his hand that said transcript and papers 
contain a full and perfect statement of all the proceedings before 
him. 

Appeal oe certiorari by one or more.] § 2. One or more 
of several plaintiffs or defendants may appeal or sue out a certi- 
orari without the consent of the others, and all further proceedings 
shall thereupon be stayed, the same as if all had united in such 
appeal or certiorari. 

Stay of proceedings.] § 3. The justice of the peace and con- 
stables shall, as soon as the writ of certiorari shall be served on 
such officer, stay all further proceedings in that case, until the 
further order of the court issuing the writ. The justice of the 
peace shall not be required to send up a minute or memorandum 
of the evidence given before him. 

Article XI. 

execution. 

On appeal or certiorarl ] Section 1. Execution may issue out of 
the court on all judgments rendered in cases of appeal and certi- 
orari, as in cases originating in such court. 

Twenty days —swearing out execution.] § 2. No execution 
shall be issued by a justice of the peace in any civil action until 
after the expiration of twenty days from the date of the judgment 
on which such execution is to be issued, unless the party apply- 
ing for the same, his agent or attorney, shall make oath that he 



214 JUSTICES AND CONSTABLES. 



believes that the debt will be lost uuless execution be issued 
forthwith. If such oath be made, then the execution shall be 
issued immediately and levied. But no sale of any property under 
such execution shall take place within twenty days from the date 
of the judgment, nor shall the issuing of such execution deprive 
either party of the right to appeal. 

Against body ok goods.] § 3. Upon all judgments in action 
in tort, or where the defendant is in custody or has been held to 
bail upon a capias, as provided in this act, the justice may issue 
an execution against the body or goods and chattels of the de- 
fendant, at the election of the plaintiff. 

Ca. Sa.] § 4. When the judgment creditor is not entitled to 
an execution against the body oi the defendant, under the preced- 
ing section, if upon the return of an execution against the goods 
and chattels of the defendant unsatisfied in whole or in part, the 
judgment creditor, or his agent or attorney, shall file with the jus- 
tice of the peace from whom the execution issued, an afiidavit. 
stating that demand has been made upon the debtor for the sur- 
rendA' of his moneys, goods and chattels for the satisfaction of 
such execution, and that he verily believes that such debtor has 
moneys, goods and chattels not exempt from execution, which he 
unjustly refuses to surrender, or that since the debt was contracted, 
or Ihe cause of action accrued, the debtor has fraudulently con- 
veyed, concealed or otherwise disposed of some part of his moneys,^ 
goods and chattels, with a design to secure the same to his own 
use or defraud his creditors, and also setting forth, upon his 
knowledge, information or belief, in either case, the facts showing 
that such belief is well founded — such justice of the peace, if h& 
shall be satisfied that the facts so set forth justify such belief^ 
shall issue an execution against the body of the judgment debtor. 

Form of execution against goods. J § 5. All executions issued 
by a justice of the peace, except executions against the body, shall 
be directed to any constable of the proper county, and made re- 
turnable to the justice issuing the same within seventy days from 
date unless the amount called for jn said execution shall be sooner 
collected, when it shall be immediately returned. Such executions 
shall be levied only on personal property, and shall be in the follow- 
ing form, as nearly as may be, viz.: 



ss. 



STATE OF ILLINOIS, | 

County. ) 

The People of ihe State af Illinois, to any Constable of said 
County — Geeeting: 

We command you, that of the goods and chattels of A B, in 

your county, yoa make the sum of dollars and 

cents, judgment, and dollars and , cents, costs,. 

which C D lately recovered before me in a certain plea against 



JUSTICES AND CONSTABLES. 215 

the said A B, and hereof make return to me -within seventy days 
from this date unless you shall sooner collect the above sum and 
your costs, when you shall immediately return the same. 

Given under my hand this .... ... day of 18. . 

John Doe, J. P. 

FoEM OF execution AGAINST BODY.] § 6. Executions against 
the body shall be directed in the same manner and made return- 
able in the same time, and may be substantially in the following: 

STATE OF ILLINOIS, ) 

■ ss. 
County. \ 

The People of the State of Illinois, to any Constable of said 
County— GnEETrnQ: 

We command you, that of the goods and chattels of A B, in 

your county, you make the sum of dollars and 

cents, judgment, and dollars and cents, costs, 

which C D lately recovered before me against the said A B, and 
for want of such goods and chattels, that you take the body of the 
said A B and him convey and deliver unto the keeper of the jail 

of the county of , who is hereby commanded to receive 

and keep the said A B in safe custody until said sum and all 
legal expenses be paid and satisfied, or until he is discharged by 
due course of law, and hereof make return to me within seventy 
days from this date. 

Given under my hand this day of 18 . . 

John Doe, J. P. 
Lien uf execution and judgment.] § 7. The personal prop- 
erty of every defendant in a judgment before a justice of the 
peace, not exempt from execution, shall be bound for the payment 
of such judgment, from the delivery of the execution issued 
thereon, to the constable, and the real property of such defen- 
dant, not exempt from execution, shall be bound as aforesaid, 
from the date of the filing of a transcript of the judgment in the 
clerk's office, as provided in this act. 

Indorsement— LEVY — sale— notice.] § 8. Every constable to 
whom an execution shall be delivered, shall indorse on the back 
of the same an exact memorandum of the day and hour when the 
same shall have come to his hands, and shall immediately pro- 
ceed to levy the same, indorsing also on the back of the execu- 
tion the date of such levy, and make an exact inventory of the 
property on which the same shall have been levied, and shall 
appoint a day and hour for the sale of said property, giving ten 
days previous notice of such sale, by advertisement in writing, to 
be posted up at three, public places in the vicinity where the sale 
is to be made, and on the day so appointed, the said constable 
shall sell the property so levied on, or so much thereof as may 
be necessary to pay the judgment, interest and costs, to the high- 
est bidder. 



216 JUSTICES AND CONSTABLES. 



Delivery bond —proceedings thereon.] § 9. Any constable 
shall be authorized to remove property levied on by him when it 
shall be necessary for the safe keeping of the same. If the 
defendant shall desire to retain the property so levied on until 
the day of sale, it shall be lawful for the said constable to allow 
the defendant so to keep the same, if said defendant, or his agent, 
shall give bond to said constable in double the amount of the 
execution, with good security, conditioned for the delivery of said 
property to the same constable, at the time and place of sale to 
be named in such bond. And if the said property shall not be 
delivered as aforesaid at the time and place of sale, the constable 
having the execution may proceed to levy the same upon the same 
or any other property of the defendant, or upon the property of 
the security in such bond, and shall sell the same, giving two 
days' notice of such sale by advertisement, to be posted at one 
public place. 

Paying money.] § 10. On the return of any execution the 
constable shall pay to the justice ot the peace who issued the 
same all money collected thereon, not previously paid to the 
plaintiff, including unpaid costs. 

Execution to another county.] § 11. AVhen it shall appear, 
by the return of any execution issued as aforesaid, that the defen- 
dant has not personal property within the county sufficient to 
satisfy the debt, and it is desired by the plaintiff to have execu- 
tion issued to some other county in which it is alleged that the 
defendant has personal property, the justice shall issue execution, 
directed to any constable of the county where such property shall 
be said to be, to which execution shall be attached an 
official certificate of the county clerk of the county in which the 
same shall be issued, setting forth that such justice was, at the 
time of issuing said execution, a justice of the peace in and for 
said county. 

Duty of constables.] § 12. When an execution, shall be 
issued to another county, as provided in the preceding section, it 
shall be the duty of the constable receiving the same, to proceed to 
the collection of the same, and make return as in other cases. 

Arrest— commitment — notice.] § 13. When a debtor shall 
be arrested by virtue of an execution against his body, he shall 
be conveyed to the county jail of the county in which the con- 
stable who made the arrest resides, and delivered to the jailor, 
who shall keep him in safe custody until he shall satisfy the exe- 
cution, or be discharged according to law. Immediately upon the 
arrest of the defendant, the officer making the same shall give 
notice thereof to the plaintiff, his ageot or attorney, if in the 
county. 

Escape— RE- arrest.] § 14. If the debtor shall escape from 
arrest upon an execution against his body, he may be re-arrested 
upon the same or another execution in the same case, or exe- 
cution may issue against his property. 



JUSTICES AND CONSTABLES. 217 



Execution on [to] issue within seven years.] § 15 Exe- 
cutions shall be allowed to issue upon a judgment of a justice 
of the peace at any time within seven years next after the rendi- 
tion thereof, and not afterwards. 

Action to [on] judgment.] § 16. An action may be brought 
upon a judgment of a justice of the peace at any time within ten 
years next after the rendition thereof, and not afterwards. No 
such action shall be brought upon said judgment in a court of 
like jurisdiction within the same county where such judgment 
may be rendered, until the expiration of seven years next 
after its rendition. 

Statute does not run pending appeal.] § 17. The time dur- 
ing which any judgment of a justice of the peace may be in an- 
other court on appeal shall not be counted as part of the time 
mentioned in the two preceding sections. 

Article XII. 

transcript. 

Transcript — certificate to circuit court.] Section 1. When 
it shall appear by the return of the execution first issued as afore- 
said, that the defendant has not personal property sufficient to 
satisfy the judgment and costs within the county in which judg- 
ment was rendered, and it is desired by the plaintiff to have the 
same levied on real property in that or any other county, it shall 
be lawful for the justice to certify to the clerk of the circuit 
court of the county in which such judgment was rendered, a 
transcript, which shall be filed by said clerk, and the judgment 
shall thenceforward have all the effect of a judgment of the said 
court, and execution shall issue thereon, out of that court, as in 
other cases. 

What transcript shaLL contain.] § 2. Every transcript de- 
sired to be used for the purposes aforesaid, shall be certified by 
the justice of the peace mak ug the same, to be truly copied from 
the files and books of his office, and shall contain a copy of the 
original and each subsequent summons or process issued by the 
justice of the peace, the return of the officer or officers thereon, 
the judgment and the execution or executions issued thereon, with 
the return of the officer upon the same, and a copy of his docket 
in the case. 

Article XIII. 

TRIAL OF RIGHT OF PROPERTY. 

Proceedings for.] Section 1. When personal property is 
taken on execution or attachment issued by a justice of the peace, 
and such property is claimed by a person other than the defend- 
ant therein, and such claimant shall give notice in writing, to the 
constable, of his claim to such property, the constable shall notify 
the plaintiff in such writ, or his agent or attorney, of such claim, 



218 JUSTICES- AND CONSTABLES. 



and shall also notify sach plaintiff and the claimant, before what 
justice and at what time and place a trial of the right of such 
property will be had. 

Trial of the eight of peoperty.] § 2. The trial of the 
right of property in such cases shall be before the justice of the 
peace who issued ^uch writ, if he reside in the county, or if he 
should be unable to attend such trial, before eome other justice 
of the peace in such county, or before some justice of the peace 
in the county where the levy is made, in case the writ was issued 
from another county. 

Docket — teial.] § 3. The justice shall enter such cases on his 
docket, and the trial shall be had therein in the same manner as 
in other trials before justices of the peace. A change of venue 
may be taken as in other cases. 

Judgment.] § 4. In case the property shall appear to belong 
to the claimant, judgment shall be entered against the plaintiff in 
the execution or attachment for costs, and the property levied 
upon shall be released. If it shall appear that the property does 
not belong to the claimant, judgment shall be entered against him 
for costs, including such additional costs as shall have been made 
by the delay in the execution of such writ. 

Appeal — ceetioeaei. ] § 5 An appeal may be taken as in other 
cases provided the same is prayed, on the day the judgment is 
entered and the bond shall be given within five days from the 
time of entering the judgment. Writs of certiorari may be sued out 
as in other cases. 

Effect of judgment— appeal— delivery bond.] § 6. The 
judgment in such cases shall be a complete icdemnity to the 
constable in proceeding to sell or restore any such property, and 
in case of an appeal, the constable shall retain such property, 
unless the party claiming, or the defendant in execution, or 
his agent shall enter into a bond, with sufficient security, for the 
delivery of such property to the officer, if the judgment of the 
court shall be againet the party giving' such bond. 

Aeticle XIV. 
collection by justices and constables. 

Justices to collect.] Section 1. Justices of the peace and con- 
stables are authorized, and it is hereby made their duty, to receive 
the money on all notes and demands which may have been placed 
in their hands for suit or collection, and upon judgment rendered 
by such justices. 

Failuee of justice oe constable to pay.] § 2. Upon the 
failure of a justice of the peace or constable to pay any money by 
him collected or received, as herein provided, to any peison 
entitled to receive the same, his or her agent or attorney, on 
demand being made, such person may proceed against such justice 



JUSTICES AND CONSTABLES. . 219 



or constable in a summary way, either before a court of record 
having common law jurisdiction, or some justice of the peace of 
the proper county, upon giving to such justice or constable five 
days' notice of the application, and recover the amount so neglected 
or refused to be paid with twenty per cent, damages thereon for 
such detention and shall have execution therefor, but such pro- 
ceeding shall not affect the right of action on the bond of such 
justice or constable. 

Payment— DISMISSED. ] § 3. If any justice or constable against 
whom proceedings shall have been commenced, as provided in the 
preceding section, shall, before judgment, pay or satisfy the 
amount claimed by the party prosecuting with the costs, the pro- 
ceeding shall be dismissed, and without judgment for the dam- 
ages specified in the preceding section. 

Aeticle XV. 

JUSTICES AND CONSTABLES GOING OUT OF OFFICE. 
EeSIGNATION— REMOVAL — DEATH — UNFINISHED BUSINESS.] SECTION 

1. When any justice of the peace shall resign his office, or remove 
from the town or precinct in which he is elected, it shall be his 
duty to return his do.-ket and all papers relating to the business 
transacted before him to the office of the county clerk with all 
copies of the statutes which he may have received from that 
officer or from any other justice of the peace, and in case of the 
death of any justice of the peace, it shall be the duty of the 
person having possession of said docket, papers and statutes to 
deliver them as aforesaid. Upon the election and qualification of 
the successor of such justice of the peace, the docket, papers and 
statutes of such justice of the peace, shall be delivered to his 
successor in office by the county clerk, aud such successor in office 
shall proceed to the completion of unfinished business, as though 
the term of office of such justice of the peace who may die, resign 
or remove, had expired. 

Term expiring— unfinished business.] § 2. Whenever the 
term of office for which any justice of the peace may have been 
elected shall expire, it shall be the duty of such justice of the 
peace to deliver his docket, statutes and all papers relating to the 
business transacted before him, to the county clerk, who shall de- 
liver the same to his successor in office. 

Unfinished business.] § 3. When the docket and papers of 
any justice of the peace shall be received by any other justice of 
the peace, such justice receiving the same may proceed to the 
completion of all unfinished business, issue execution upon judg- 
ments remaining unsatisfied upon such docket and collect the 
same, and have the same power in respect to such docket and 
papers as if the same pertained to proceedings originally insti- 
tuted before him. 



220 JUSTICES AND CONSTABLES. 



Penalty.] § 4. Any justice of the peace failing or refusing 
to deliver any statute books, dockets or papers to the county clerk 
within ten days after the expiration of his term of office, or after 
his said office shall become vacant, shall forfeit and pay a sum 
of not less than ten nor more than one hundred dollars, to be re- 
covered by an action of debt, in the name of the county for the 
benefit thereof, and he and his securities on his official bond shall 
be liable to all persons interested for all damages and losses 
which may be sustained by reason of such failure or refusal. 

Constable to finish business— death.] § 5. Any constable 
to whom an execution shall have been delivered, and whose term 
of office shall expire before the expiration of the time within 
which the return of such execution is required by law, shall be 
authorized to proceed in all matters relating to said execution, 
and in the same manner to collect the same, that he might have 
done had the term of oflice of such constable not expired, and the 
constable and his sureties shall be liable for any neglect of duty, 
and for all moneys collected upon such execution, in the same 
manner and to the same extent they would have been if the term 
of office of such constable had not expired, and any process in 
the hands of a constable, which shall not be completely executed 
when he may die, resign or be removed from office, may be com- 
pleted by any other constable of the county. 

Aeticle XVI. 

REMEDIES upon BONDS OF JUSTICES AND CONSTABLES. 

Action in name of people. ] Section 1. All actions upon the ofiicial 
bonds of justices of the peace and constables shall be brought in 
the name of the People of the State o£ Illinois for the use of the 
person or persons interested. This section shall apply to all bonds 
heretofore given to the county commissioners' court and county 
court, or otherwise, as well as to all bonds hereafter to be given, 
and such action may be brought before justices of the peace 
where the amount claimed is under two hundred dollars. 

Judgment— execution.] § 2. When the official bond of a jus- 
tice of the peace or constable is sued upon, judgment shall be 
entered for the full amount of the penalty of the bond, and for 
such an amount, as damages, to the use of ihe party suing upon 
such bond, as he is found to be entitled to recover, and costs of 
suit. Execution thereon shall be satisfied by the payment of the 
damages and interest thereon and costs of suit. 

Scire facias.] § 3, When judgment shall have been rendered 
on the official bond of a justice of the peace or constable, any 
person having a right to recover for a breach of the conditions of 
such bond may, upon petition to the justice of the peace who 
rendered the judgment setting forth substantially his cause of 
action, have a scire facias in the usual form, against the defendants 
in such judgment to appear and show cause why execution should 



JUSTICES AND CONSTABLES. 221 



not issue on such judgment for the amount claimed by the peti- 
tioner, and such proceedings may be had thereon as in other like 
cases. 

Assessment of damages— execution.] § 4. Upon a finding 
in favor of the petitioner, the damages due him shall be assessed 
and judgment entered therefor, with costs, to his use, and an alias 
execution issued upon such original judgment, to be satisfied upon 
the payment of such damages with interest thereon and costs. 

Propeety of principal first taken— lien. ] § 5. When judg- 
ment shall have been rendered against any justice of the peace or 
constable and his securities on his official bond, execution may 
issue against all of them, but the officer executing the same shall 
not levy upon the property of the securities until he shall fail to 
find sufficient property of the justice of the peace or constable to satisfy 
such execution. The execution shall be a lien upon the property 
of the securities as in other cases. 

Liability of surety and principal.] § 6. Securities shall 
not be liable in execution beyond the amount of the penalty of 
their bond, but the liability of the principal shall continue after 
the penalty of the bond is exhausted, and the court may continue 
to award execution, as execution shall require, against him alone, 
for such excess without a new action. 

Copy of bond evidence. ] § 7. In actions on the official bonds 
of justices of the peace and constables, a copy of such bond, au- 
thenticated under the official signature and seal of the county 
clerk, with whom it is filed, may be read in evidence. 

Appeal, etc.] § 8. Justices and constables, and their securi- 
ties, may have the benefit of appeal and certiorari, from all de- 
cisions and judgments rendered in actions against them, as is 
provided in other cases. 

Misconduct of constables.] § 9. If any constable shall fail 
or neglect to return an execution within ten days after its proper 
return day, or if the demand, debt or claim be wholly or in part 
lost, or if any special damage shall arise to any party by reason 
of the neglect or refusal to act, or the misfeasance or the non- 
feasance of any constable in the discharge of any official duty, 
the party aggrieved may have his action, in any court of compe- 
tent jurisdiction, against such constable and his sureties, on the 
official bond of such constable, and shall recover thereon the 
amount of said execution and costs, with interest from the date 
of the judgment upon which the original execution issued. 

Article XVIL 

general provisions. 

To keep record.] Section 1. It shall be the duty of every 
justice, whenever an action shall be commenced before him, to 
record, in a well-bound book to be furnished by the county clerk, 



222 JUSTICES AND CONSTABLES. 



at the expense of the county, for that purpose, the names of the 
parties, the amount and nature of the debt sued for, the date and 
description of the process issued and the name of the officer to 
whom such process shall be delivered, and throughout the whole 
proceedings in any action it shall be the duty, whenever aoy pro- 
cess shall be issued or returned, or any order made or judgment 
rendered, to make a written memorandum of the same, in the 
same book, and to file and safely keep all papers given him in 
charge. 

Attachments foe contempt.] § 2. In all cases where a wit- 
ness shall be duly served with a subpoena, and shall fail to attend 
at the trial, conformably thereto, and in all cases where a person 
shall be summoned as a juror, to try any cause before a justice 
of the peace, and shall fail to attend at the time and place ap- 
pointed in such summons, the justice shall have power to issue 
an attachment, directed to any constable of the county, command- 
ing him forthwith to bring before such justice the body of such 
juror or witness so failing to attend, as aforesaid, to show cause 
why he should not be fined for such contempt, and on the ap- 
pearance of such juror or witness on such attachment, it shall be 
lawful for the justice of the peace to fine him in any sum not 
less than one dollar nor more than ten dollars, or wholly dis- 
charge him, if satisfactory excuse be made. 

. Ordek — FINE FOE CONTEMPT.] § 3. Every person who sliall ap- 
pear before a justice of the peace, when acting as such, or who 
shall be present at any legal proceeding before a justice, shall 
demean himself in a decent, orderly and respectful manner, and 
for failure to do so, such person shall be fined by the said justice 
for contempt, in any sum not more than five dollars. 

List of witness fees.] § 4 It shall be the duty of the 
justice of the peace to post up in his office, at least once in three 
months, a list of all witness fees in his hands, and the names of 
the persons to whom they belong, and for a failure to comply 
with this provision, a justice of the peace shall be liable to a fine 
of fifty dollars, to be recovered by action of debt in the name of 
the People of the State of Illinois. 

Aeticle XVIIL 

ceiminal jurisdiction. 

Jurisdiction.] Section 1. Justices of the peace shall have 
original jurisdiction in all cases of misdemeanor, when the punish- 
ment is by fine only and the fine does not exceed two hundred 
dollars, and also in all cases of assault, and assault and battery, 
and affrays, in which the people are plaintiffs, and in cases arising 
under the criminal code concerning vagabonds. 

Aeeest and teial.] § 2. In all cases of offenses of which a 
justice of the peace has jurisdiction he may, upon the affidavit of 
any competent person, issue his warrant to any constable of his 



JUSTICES AND CONSTABLES. 223 



county for the arrest of any person cbarged with either of said 
offenses, and upon the arrest of such person shall proceed to hear 
and determine the cause according to law. 

Special constable.] § 3. Any justice of the peace may ap- 
point a suitable person to act as constable in a criminal case where 
thei'e is a probability that a person charged with any offense will 
escape, or that goods and chattels will be removed before appli- 
cation can be made to a qualified constable, and the person so ap- 
pointed shall act as constable in that particular case and no other, 
and any temporary appointment, so made as aforesaid, shall be 
made by a written endorsement, under the seal of the justice, on 
the back of the process which the person receiving the tame shall 
be authorized to execute. 

JuEY trial.] § 4. The person accused may have the cause 
tried by a jury, upon the same conditions, and the jury shall be 
summoned and impaneled in the same manner as in civil cases 
before justices of the peace. The defendant shall not be required 
to advance the jury fees. 

Jury to determine penalty.] § 5. If the jury find the ac- 
cused guilty, they shall assess the fine or fix the punishment, as 
aforesaid. 

Judgment on verdict rendered.] § 6. Upon the jury re- 
turning their verdict the justice shall record the same in his 
docket or record book and proceed to render judgment thereon 
accordingly, with costs. If the jury return a verdict of not guilty, 
the justice shall discharge the defendant without costs. 

Execution to issue. ] § 7. Upon the rendition of a judgment 
imposing a fine the justice shall, except as otherwise provided, 
issue execution against the goods and chattels of the defendant for 
the fine and costs, which may be levied upon any personal property 
of the defendant not exempt from execution, and proceedings may 
be had thereon as upon other executions. 

Capias issued.] § 8. If the constable shall return upon such 
•execution that the defendant has no goods and chattels whereof to 
make the money, the justice shall issue a capias against the body 
of the defendant and the constable arrest such person and commit 
him to the jail of the county, there to remain forty- eight hours, 
and if the fine exceed ten dollars, then to remain in said jail 
twenty-four hours for every five dollars over and above the said 
ten dollars, and so on in proportion to the amount of said fine. 

Appeals.] § 9. The defendant may appeal from the judgment 
of the justice of the peace in criminal cases to the county or 
circuit court of the county, the appeal to be taken in the same 
time and manner, and upon the same conditions, and with like 
effect, and like proceedings may be had thereon as in civil cases, 
except that no damages shall be allowed, and except that in the 
county of Cook the appeal shall be to the criminal court of Cook 
•county. 



224 LIBRARIES. 



Duty OF JUSTICE OF [on] appeal.] § 10. When any defendant 
convicted of either of the said offenses appeals, it shall be the 
duty of the justice to return to the clerk of the court to which 
the appeal is taken, when he returns the papers in the case, the 
names of all material witnesses. 

Defendant guilty — judgment rendered. ] § 11. If upon, 
such appeal the defendant shall be found guilty, judgment shall 
be rendered against both principal and surety in the appeal bond, 
for the amount of fine assessed by the jury in said court, and all 
costs that may have accrued. 

No imprisonment without conviction by jury, unless jury 
WAIVED.] § 12. No person shall be imprisoned for non-payment 
of a fine or a judgment in any civil, criminal, quasi criminal, or 
qui tarn action, except upon conviction by a jury: Provided^ 
that the defendant or defendants in any such action may waive a 
jury trial by executing a formal waiver, in writing, and when such 
waiver of jury is made, imprisonment may follow the judgment 
of the court without conviction by the jury. This section shall 
not apply to fines inflicted for contempt of court. 

Transcript to be filled — what to contain.] § 13. In all. 
preliminary examinations before justices of the peace or police 
magistrates, when the prisoner has been held to await the action 
of the grand jury, the justice or police magistrate shall make and 
file with the clerk of the court to which the prisoner has been 
held, a transcript giving a brief statement of the case and the 
fees of the justice or magistrate and other officers and witnesses 
engaged in the preliminary proceedings, and such fees shall, upon 
the conviction of the prisoner in the trial court, be taxed by the 
clerk thereof and collected as in appeal cases. 

Approved June 26, 1895. 



LIBEARIES. 

establishment of library by city. 

§ 1. Amends section 1 of the amended Act of 1872 by providing that the tax levied after the year 
1896, shall not exceed one mill on the dollar annually, instead ol one-half mill after the 
year 1895, as provided in the amendment of 1891. 

An Act to amend section one of "An act to authorize cities, in- 
corporated toivns and townships to establish and maintain free 
public libraries and reading rooms" approved and in force 
March 7, 1872, as amended by an act approved June 17, 1887, 
and as amended by an act approved May 25, 1889, and as 
amended by an act approved March 26, 1891. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section one of 
"An act to authorize cities, incorporated towns and townships to 
establish and maintain free public libraries and reading rooms," 



LIENS. 



225 



approved and in force March 7, 1872, as amended by an act ap- 
proved June 17, 1887, and as amended by an act approved May 
25, 1889, and as amended by an act approved March 26, 1891, be, 
and the same is hereby, amended so as to read as follows: ':. TUl 

Section 1. That the city council of each incorporated city, 
whether organized under general law or special charter, shall have 
power to establish and maintain a public library and reading 
room for the use and benefit of the inhabitants of such city, and 
may levy a tax- of not to exceed two mills on the dollar annually on 
all the taxable property in the city: Provided, that in cities of 
over one hundred thousand inhabitants, after the year 1896, 
such tax shall not exceed one mill on the dollar annually, such 
tax to be levied and collected in like manner with the general 
taxes of said city, and to be known as the library fund: Pro- 
vided, that the said annual library tax in cities of over ten thou- 
sand inhabitants shall not be included in the aggregate amount 
of taxes as limited by section one (1) of article eight (8) of "An. 
act for the incorporation of cities and villages," approved April 
10, 1872, and the amendatory acts thereto, or by any provision of 
any special charter under which any city in this State is now 
organized. 

Approved June 15, 1895. 



LIENS. 



mechanics' 

Lien— "When given. 

Material furnished under mistake. 



§ 1- 

§ 2. 

§ 3. Labor, materials, etc., upon land belong- 
ing to married women. 

§ 4. Breach of contract on the part of the 
owner. 

§ 5. Subcontractors and material-men 

Notice. 

§ 6. Verbal contract— Written contract. 

§ 7. Enforcement of lien as against creditor, 
incurabraacer.etc. — ^Claim for lien. 

§ 8. Liens assignable. 

§ 9. Venue— Judgment— Default. 

I 10. Suits agaiastpersonal representatives of 
deceased parties. 

§ 11. Bills or petitions — Joinder of parties- 
Summons. 

§ 12. Amendments. 

§ 13. Pleadings — Answer, replication— Issue. 

§ 14. Want of preparation for trial. 

§ 15. Preferred liens. 

-15 



LIENS. 

§ 16. Incumbrances. 

§ 17. Entire contracts — Apportionment. 

§ 18. Costs — Attorney's fees. 

§ 19. Sales as under chancery decrees. 

§20. A.pplication of proceeds. 

§ 21. Redemption. 

§ 22. Lien of subcontractor— Rights defined. 

§ 23. New partners or joint contractors. 

§24. Public improvements— Lien. 

§ 25. Notice of claim— Lien. 

§ 26. When owner, etc., cannot be found in 
county — Notice. 

§ 37. Preferred lien. 

§ 28. Payments. 

§ 29. Enforcement of unpaid subcontractors' 
lien. 

I 30. Execution returned unsatisfied— Tran- 
script of judgment. 

§31. Several liens-Proceedings . 



226 



LIENS, 



§ 32. Breach of contract on the part of con- 
tractor — Proceedings. 

§ 33. Payments to contractor. 

§ 34. Limitation. 

§ 35. Written demand of lienor, etc , for com- 
mencement of suit. 

§36. Release of claim 



§ 37. Materials on credit with intent to de- 
fraud—Penalty. 

§ 38. Lien on watercraft. 

§ 39. Claim for lien. 

I 40. Repeal. 

§ 41. Construction. 



An Act to revise the law in relation to mechanics' liens. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That any person who 
shall, by any contract with the owner o£ a lot or tract of land, or 
with one whom such owner has authorize i or kaowingly permitted 
to improve the same, furnish or specially manufacture and pre- 
pare matedals, fixtures, apparatus or machinery for the purpose 
of, or in building, altering, repairing or ornamentiag any house or 
other building, walk, driveway, fence of [or] improvement, or appur- 
tenance thereto on such lot, or connected therewith and upon, 
over or under a sidewalk, street or alley adjoining, or fill or 
excavate such lot, or raise or lower any house thereon, or remove 
any house thereto, or perform services as an architect for any such 
purpose, or furnish or perform labor or services as superintend- 
ent, timekeeper, or otherwise in building, altering, repairing or 
ornamenting the same, or furnish materials, fixtures, apparatus, 
machinery, labor or services on the order of his agent, architect 
or superintendent having charge of the improvement in building, 
altering, repairing or ornamenting the same, shall be known under 
this act as a contractor, and shall have a lien upon the whole of 
such tract of land or lot, and upon the adjoining or adjacent lots 
of such owner constituting the same premises and occupied or 
used in connection with such lot as a place of residence or busi- 
ness, and in case the contract be entire and relate to two or more 
buildings on adjoining or adjacent lots of the same owner, upon 
all of said lots and the improvements thereon, for the amount due 
to him for such material, fixtures, apparatus, machinery, services or 
labor, and interest from the date the same is due. This lien shall 
extend to an estate in fee, for life, for years, or any other estate, 
or any right of redemption, or other interest which such owner 
may have in the lot or land at the time of making such contract 
or may subsequently acquire therein, and as to the improvements 
for which the lien is claimed, shall be superior to any right of 
dower of husband or wife in such improvement. This lien shall 
attach as of the date of the contract, but, as against or to the preju- 
dice of any other creditor, incumbrancer or purchaser without 
actual or constructive notice of such contract, the lien shall not 
attach as of the date of the contract, unless within thirty days there- 
after, the contractor shall file in the office of the clerk of the cir- 
cuit court of the county in which such improvement is to be made, 
a statement, giving his name and the name of the owner of the 
property, what his contract is for, the amount to be paid, a de- 



LIENS. 227 



scription of the property, and the. date when delivery of material 
or work is to be completed. If such statement is nut filed within 
the thirty days named, the lien shall attach from the date the 
same is filed: Provided, that commencement of work or delivery 
of material at the premises by any contractor shall serve the 
same purpose as the filing of such statement or commencement of 
work by all parties who may subsequently furnish or specially 
prepare material for, or perform services of labor in the construc- 
tion of the improvement. The lien for materials bought, speciall}'- 
prepared for or delivered at, but not used in the improvement, 
shall be second to the lien of contractors, whose material was used 
thereiu, and as against purchasers and incumbrancers of such real 
estate, who become such without actual or constructive notice of 
the contract for materials, the lien shall prevail only to the extent 
of the value of the materials used. If the materials, fixtures, ap- 
paratus, machinery, labor or services were furnished under a con- 
tract with any of the persons named other than the owner, or one 
by him authorized to make such contract, the owner may prevent 
such lien for what is not then furnished or performed, by giving 
written notice to the person furnishing or performing the same 
that he will not be responsible therefor. 

§ 2. Any person furnishing services, labor or material for the 
erection of a new building or structure, or improvement, but by 
mistake upon land owned by another than the party contracting as 
owner, shall have a lien for such services, labor or material upon 
such buildings or structure or imprisonment [improvement], and 
the court, in the enforcement of such lien, shall order and direct 
such building, structure or improvement to be separately sold 
under its decree, and the purchaser may remove the same within 
such reasonable time as the court may fix. 

§ 3. If any such services or labor are performed upon, or 
materials are furnished for, lands belonging to any married 
woman, with her knowledge and consent, in pursuance of a con- 
tract with the husband of such married woman, the person fur- 
nishing such labor or materials shall have a liea upon such property 
the same as if such contract had been made with such married 
woman, and in case the title to such lands upon which improve- 
ments are made is held by husband and wife jointly or by entire- 
ties, the lien given by this act shall attach to such lands and 
improvements, if the improvements be made in pursuance of a 
contract with both of them, or in pursuance of a contract with 
one of them by and with the knowledge and consent of the other, 
and in all such cases no claim of homestead right set up by a 
husband or wife shall defeat the lien given by this act. 

§ 4 When the owner of the land shall have failed to perform 
his part of the contract by failing to pay to the contractor moneys 
justly due him under the contract at the time when the same 
should have been paid, or has failed to perform his part of the 
contract in any other manner, the contractor shall not be held 



228 LIENS. 



liable for any delay on his part during the period of, or caused by 
such breach of contract on the part of the owner, and if, after 
ten days' notice in writing by the contractor, the owner shall fail 
to comply with his contract, the contractor may discontinue the 
work, and in such case he shall be entitled to a reasonable com- 
pensation for as much thereof as has been performed in propor- 
tion to the price stipulated for the whole, and such damages as 
the contractor may have sustained by reason of the owner's default, 
and the court shall adjust his claim and allow him a lien accord- 
ingly. In such case the party selling material which has not 
been used shall have the right to take possession of and remove 
the same if he so elects. 

§ 5, Within ten days after the contract is made, and before 
commencing work thereunder, it shall be the duty of the con- 
tractor to give the osvner, and also the duty of the owner to 
require of him a statement in writing, under oath or verified by 
affidavit, of the names and addresses of all parties having sub- 
contracts for specific portions of the work, or for material, and 
of the amount to become due each, and when, or if any such sub- 
contracts are not then let, the names and addresses of those who 
have made bids or proposals for the same or for material, and 
the respective amounts of such bids or proposals, and within ten 
days after the same are accepted, the amount thereof, and if any 
contractor shall fail to so notify the owner within five days after 
written notice to do so, such owner may cancel the contract with 
such contractor by written notice of such cancellation, and the 
lien of such contractor shall be subject to the liens of all other 
creditors. But this section shall not apply to contractors who 
have given, or within the ten days first named shall give, to the 
owner a good and sufficient bond for the completion of such 
building or improvement free and clear of all mechanics' liens, 
and such bond is made for the use and benefit of those who may 
be entitled to such liens; nor where such persons shall in advance 
waive their rights to liens and bind themselves to perform their 
respective sub- contracts, services or labor; nor to contractors 
whose sub-contractors and material-men agree to take solely for 
payment; nor to merchants and dealers in materials only. 

§ 6. If the work is done, or materials are furnished under a 
verbal contract, no lien shall be had by virtue of this act unless 
the work shall be done or materials furnished within one year 
from the date of the contract, and final payment therefor is to be 
made within such time. 

If the contract be written, no lien shall be had by virtue of 
this act, if the time stipulated for the completion of the work or 
furnishing materials is beyond three years from the date of the 
contract, or the time of payment beyond one year from the time 
stipulated for the completion thereof. Nor shall a lion be had 
under a written contract where the time of completion or final 
payment is more than one year from the date of the contract, un- 
less either the work be continual up to the date for such pay-^ 



LIENS. 229 



ment, ov within thirty days after completion the contractor shall 
file in the offi -.e of ttie circait clerk of the county where the im- 
provement is made a statement uuder oath, or verified by affidavit, 
giving the name of the contractor and of the person contracting 
with him, a description of the property improved, the balance due, 
and the date for the final payment, which statement shall have 
the effect and stand in lieu of tlie claim for lien hereinafter pro- 
vided for. 

§ 7. No contractor shall be allowed to enforce such lien as 
against or to the prejudice of any other creditor, or incumbrancer, 
or purchaser, unless, within four months after the last payment 
shall have become due and payable, according to the terms of the 
original contract, he shall either bring suit to enforce his lien there- 
for, or shall file with the clerk of the circait court of the county 
in which the building, erection or other improvemenf; to be 
charged with the lien is situated, against the owner, a claim for 
lien, verified by the affidavit of himself, agent or employe, which 
shall consist of a brief statement of the contract, the date the 
same was made, the date fixed therein, or the time implied, for 
completion and for final payment, and the date that the same was 
completed, if completed, the balance due after allowing all credits, 
and a saffici^utiy correct description of ihe lot, lots or tract of 
land to pass the title thereof by deed of conveyance. An itemized 
account shall not be necessary, except for extras, where the con- 
tract is for all of the work or materials, or all of a specific part 
thereof at a fixed and agreed price. Such claim for lien may be 
filed at any time after the contract is made, and, as to the owner, 
may be amended at any time before trial or on the hearing of a 
suit to enforce the lien, subject to a continuance, on account of 
such amendment, in the discretion of the court. No such lien 
shall be defeated to the proper amount thereof, because of an 
error or overcharge on the part of any person claiming a lien 
therefor under this act, unless it shall be shown that such error 
or overcharge was made with intent to defraud. Nor shall any 
such lien for material be defeated because of lack of proof that 
the material, after the delivery thereof, actually entered into the 
construction of such building or improvement: Provided, it is 
shown that sach material was in fact in good faith delivered at 
the place where said building or improvement was being con- 
strasted, for the pirpose of being used in such construction: 
And, provided, further, that in case of the construction of a 
number of buildings under contract between the same parties, it 
shall b? sufficient, in order to establish such lien for material, if 
it be shown that such material was in good faith delivered at any 
one of said buildings for the purpose of being used in the con- 
struction of any one or all of such buildings, and such lien for 
such material shall attach to all of said buildings, together with 
the land upon which the same are being constructed the same as 
in a single building or improvement. 



230 LIENS, 



§ 8. All liens or claims for liens wliicb may arise or accrue 
"under the terms of this act shall be assignable, and proceedings 
to enforce such liens may be maintained by and in the name of 
the assignee, who shall have as full and ample power to enforce 
the same as if such proceedings were taken under the provisions 
of this act by and in the name of the lien claimant. 

§ 9. If payment shall not be made to the contractor having a 
lien by virtue of this act of the amount due when the same be- 
comes due, then such contractor may bring suit to enforce his lien 
by bill or petition in any court of competent chancery jurisdiction 
in the county where the labor was done or the materials delivered. 
Any two or more persons having liens on the same property may 
join in bringing such suit, setting forth their respective rights in 
their bill or petition. If a suit be then pending to foreclose a 
mortgage or trust deed or to enforce a mechanic's lien on the 
premises, or any suit shall afterwards be instituted, all lien claim- 
ants not made parties thereto, and having actual notice of such 
proceeding, and all defendant lien claimants shall file their suits 
to enforce their liens by answer to the bill or petition in the 
nature of an intervening petition, and the same shall be taken as 
cross-bills against all the parties to such suit, and the said bill or 
petition shall not thereafter be dismissed as to any such lien claim- 
ant or to the owner or owners of the premises without the consent 
of such lien claimant. The complainant or petitioner and all defend- 
ants to such bill or petition may contest each other's rights with- 
out any formal issue of record made up between them other than 
that upon the original bill or petition, as well with respect to the 
amount due as to the right to the benefit of the lien claimed: 
Provided, That if by such contest by co-defendants any lien claim- 
ant be taken by surprise the court may, in its discretion as to such 
claim, grant a continuance. The court may render judgment against 
any party summoned and failing to appear as in other cases of 
default. Such suit shall be commenced or intervening petition filed 
within two years after final payment is due according to the terms 
of the original contract, or the lien shall be void as to all partieSo 

§ 10. Suits may be instituted under the provisions of this act, 
in favor of administrators or executors, and may be maintained 
against the representatives in interest of those against whom the 
cause of action accrued, and in suits instituted under the provis- 
ions of this act, the representatives of any party who may die 
pending the suit, shall be made parties. 

§ 11. The bill or petition shall contain a brief statement of the 
contract or contracts on which it is founded, the dates when made, 
to be completed for final payment, and when completed; if not com- 
pleted, why, what was done, and between what dates; it shall also 
set forth the amount due and unpaid, a description of the prem- 
ises which are subject to the lien, and such other facts as may be 
necessary to a full understanding of the rights of the parties. 
Where plans or specifications are by reference made a part of the 
contract, it shall net be necessary to set the same out in the plead- 



LIENS. 231 



ings or as exhibits, but the same may be produced on the trial of 
the suit. The complaiuant or petitioner shall make all parties 
interested, of whose interest he is notified or knows, parties defend- 
ant, except his own sub-contractors, and promptly place a sum- 
mons for such parties in the hands of the proper officer for serv- 
ice, which summons shall issue and service thereof be had as in 
suits in chancery, and when any defendant resides or has gone out 
of the State, or on due inquiry cannot be found, or is concealed 
within this State, so that process cannot be served on him, the 
complainant or petitioner shall cause notice to be given to him in 
like manner and upon the same conditions as is provided in suits 
in chancery, and his failure to 60 act with regard to summons or 
notice shall be ground for judgment or decree against him as upon 
the merits. The same rule shall prevail with cross-petitioners with 
regard to any person of whoee interest they have knowledge, and 
who are not already parties to the suit or action, and the court 
may, in its discretion, enter like judgment or decree against any 
complainant before it not diligently prosecuting his claim to final 
judgment. Parties in interest, within the meaning of this act, 
shall include persons entitk-d to liens thereunder whose claims are 
not, as well as are due at the time of the commencement of suit, 
and such claims shall be allowed, subject to a reduction of inter- 
est from the date of judgment to the time the claim is due; also 
all persons who may have any legal or equitable claim to the 
whole or any part of .fthe premises upon which a lien may be 
attempted to be enforced under the provisions thereof, or who are 
interested in the subject matter of the suit. Any such persons may, 
on application to the court wherein the suit is pending, be made 
or become parties at any time before final judgment. No action 
or suit under the provisions of this act shall be voluntarily dis- 
missed by the party bringing the same without due notice to all 
parties before the court, and leave of court upon good cause shown 
and upon terms named by the court. 

§ 12. For the purpose of bringing all parties in interest before 
the court, the court shall permit amendments to any part of the 
pleadings, and may issue process, make all orders requiring 
parties to appear, and requiring notice to be given, that are or 
may be authorized in proceedings in chancery, and shall have 
the same power and jurisdiction of the parties and subject, and 
the rules of practice and proceedings in such cases shall be the 
same as in other cases in chancery, except as is otherwise pro- 
vided in this act. The court shall have power to appoint re- 
ceivers for property on which liens are sought to be enforced in 
the same manner, for the same causes, and for the same purposes 
as m cases of foreclosure of mortgages, as well as to complete 
any incompleted building where the same is deemed to be to the 
best interest of all the parties interested. 

§ 13. Defendants shall answer the bill or petition under oath, 
unless the oath is waived by ihe complainant or petitioner, and 
the plnintiflP shall except or r<^r>ly to the answer as though the 
proceeding wa3 in chancery. The answer shall be regarded as 



232 LIENS. 



the plea of the defendant, and by replication thereto an issue, or 
issues, shall be formed, which shall be tried by the court, or by 
a jury under the direction of the court, as the court may direct 
or the parties agree. The owner shall be entitled to make any 
defense by way of set-off, recoupment or counter-claim that he 
could in any action at law, and shall be entitled to the same 
right of recovery on proof of such in excess of the claim of the 
contractor, or any other party to the suit, but for matters not 
grooving out of the contract such recovery shall be without 
prejudice to the rights of the sub-contractors thereunder for pay- 
ment out of the contract price or fund. 

§ 14. In no case shall the want of preparation for trial of one 
claim delay 'the trial in respect to others, but trial shall be had 
upon issues between such parties as are prepared without refer- 
ence to issues between other parties, and when one creditor shall 
have obtained a decree or judgment for the amount due, the court 
may order a sale of the premises on which the lien operates, or a 
part thereof, so as to satisfy the decree or judgment: Provided, 
that the court, may, for good cause shown, delay making any 
order for sale or distribution until the rights of all parties in 
interest are ascertained and settled by the court. 

§ 15. Upon all questions arising betwten different contractors 
having liens under this act, no preference shal be given to him 
whose contract was first made, but the claim of any such person 
for mechanical or other labor by him personally performed, to 
the extent of two weeks' wage3, shall be a preferred lien to an 
amount equal to ten per cent, of the proportionate value of the 
entire work completed up to the date of the last day's work of 
such labor. 

§ 16. No incumbrance upon land, created before or after the 
making of the contract under the provisions of this act, shall operate 
upon the building erected, or materials, fixtures, apparatus or 
machinery furnished for erecting or improving the same until the 
lien in favor of the person doin^ the work or furnishing the 
materials, fixtures, apparatus or machinery shall have been 
saiisfied, and upon questions arising between different in- 
cumbrances and lien creditors, the previous incumbrance 
shall be preferred to the extent of the value of the 
land at the time of making the contract, the lien creditors to the 
extent of the market value the same is enhanced by reason of 
the improvements, and the court shall ascertain, by jury or other- 
wise, as the case may require, what proportion of the proceeds of 
the sale shall be paid to the several parties in interest. Where, 
after a trust deed or mortgage has been recorded, contracts shall 
be made for the improvement of the property, and the owner shall 
pay for labor or material in such improvement, the enhanced 
value thereby given shall be treated as a fund in which the 
mortgagee and lien-holder shall participate pro rata. Any in- 
cumbrance, whether by mortgage, judgment or otiierwise, charged 
and shown to be fraudulent, in respect to creditors, may be set 
aside by the court, and the premises made subject to the claim of 



LIENS. 233 



the cjmplainant or petitioner, freed and discharged from snch 
fraudulent incumbrance. 

§ 17. Where the contract for material or labor is entire, and re- 
lates to houses on different lots, the court shall apportion the 
amount of the lien and costs on each house and lot according to 
the value thereof, and direct the sale of each house and lot sepa- 
rately to satisfy the amount of the lien and costs apportioned 
against it, and if the same shall not sell for sufficient to pay such 
amouat, shall order the deficiency paid out of the surplus proceeds 
of the sale of any other of said housea and lots covered by such 
lieu. 

§ 18. The costs of proceedings, as between all parties to the 
suit, shall be taxed equitably against the losing parties, and where 
taxed against more than oae party, shall be so taxed against all 
in favor of the proper party, but equitably as between themt elves, 
and the costs, as between creditors aforesaid in contests relative 
to each other's claims, shall be subject to the order of the court, 
and the same rule shall prevail in respect to costs growing out of 
the proceedings against and between incumbrances. In all cases 
where liens are enforced, a fee of five dollars shall be taxed for 
filing the claim for lien, and the court shall order a reasonable 
attorney's fee, not exceeding ten per cent., taxed as part of the 
costs, in favor of the claimant, and where the same are defeated in 
favor of the owner. 

§ 19. Whatever right or estate such owner had in the land at 
the time of making the contract may be sold in the same manner 
as other sales of real estate are made under decrees in chancery. 
If any part of the premises can be separated from the residue 
and sold without damage to the whole, and if the value thereof is 
sufficient to satisfy all claims, proved in the cause, the court may 
order a sale of that part. 

§ 20. The court shall ascertain the amount due each lien cred- 
itor, and shall direct the application of the proceeds of sale to be 
made to each in proportion to their several amounts, according to 
the provisions of this act, except that in the payment of mechan- 
ics' lien claims, the claims of laborers, who are contractors under 
this act, to the extent of two weeks' wages, shall be first paid, 
after that the balance due such laborers and other mechanic lien 
creditors pro rata. If, upon making sale under this act of any or 
all premises, the proceeds of such sale shall not be sufficient to 
pay the claims of all parties, according to their rights, the decree 
shall be credited by the amount of said sale, and execution may 
issue in favor of any creditor whose claim is not satisfied for the 
balance due, as upon a deficiency decree in the foreclosure of a 
mortgage in chancery,- and such deficiency decree shall be a lien 
upon all real estate and other property of the party against whom 
it is entered, to the same extent and under the same limitations 
as a judgment at law, and in case of excess of sales over the 
amount of the decree, such excess shall be paid to the owner of 
the land, or to the person who may be entitled to the same under 
the direction of the court. 



•234 LIENS. 



§ 2L Upou all sales under this act, the right of redemption 
shall exist in favor of the same persons, and may be made in the 
same manner as is or may be provided for redemption of real es- 
state from sales under judgments and executions at law. 

§ 22. Every mechanic, workman or other person who shall in 
pursuance of the purposes of the original contract furnish any 
materials, apparatus, machinery or fixtures, or furnish or perform 
services or labor for the contractor, shall be known under this act 
as a sub-contractor, and shall have a lien for the value thereof, 
with interest on such amount from the date the same is due, in 
the same manner, from the same time, on the same property and 
to the same extent as is herein provided for the contractor, and 
also, as against the creditors of ihe contractor, on the materials, 
fixtures, apparatus or machinery furnished, and on the money or 
other consideration due or to become due from the owner under 
the original contract. But the aggregate of all the liens hereby 
authorized shall not exceed the price stipulated in the original 
contract between such owner and the contractor for such improve- 
ments, except as hereinafter provided In, no case, except as here- 
inafter provided, shall the owner be compelled to pay a greater 
sum for or on account of such house, building or other improve- 
ments than the price or sum stipulated in said original contract 
or agreement, unless payment be made to the contractor, or to 
his order, in violation of the rights and interests of the persons 
intended to be benefited by this act: Provided, if it shall appear 
to the court that the owner and contractor fraudulently, and for 
the purpose of defrauding sub-contractors, fixed an unreasonably 
low price in their original contract for the erection or repairing 
of such building, then the court shall ascertain how much of a 
difference exists between a fair price for the labor and materials 
used in said building or other improvements and the sum named 
in said original contract, and said difference shall be considered 
a part of the contract and be subjpct to a lien, but in no case shall the 
contractor's time or profits be eecured by this lien, only so far as the 
sum named in the original contract or agreement. But where the 
contractor's statement, made as provided in section five (5) shows 
the amount to be paid to the subcontractor or party furnishing 
material; or the sub- contractor's statement, made pursuant to sec- 
tion twenty three (23), shows the amount to become due for 
material; or notice is given to the owner, as provided in sections 
twenty-five (25) and twenty-six (26), and thereafter such sub-con- 
tract shall be performed, or material to the value of the amount 
named in such statements or notice, shall be prepared for use 
and delivery, or delivered, without written protest on the part of 
the owner previous to such performance, or delivery, or prepara- 
tion for delivery, then, and in any of such cases, such sub- con- 
tractor or party furnishing or preparing material regardless of 
the price named in the original contract shall have a lien there- 
for to the extent of the amount named in such statements or 
notice. Also, in such cases, and in case of like default by the 
contrscto'', the sub contractor or parfy furnishing or preparing 



LIENS. 235 



material, shall have and may enforce his lien to the same extent 
and in the same manner that the contractor may under conditions 
that arise as provided for in section four (4) of this act, and shall 
have and may exercise the same rights as are therein provided 
for the contractor, and when the contractor shall have failed to 
perform and abandoned his part of the contract, the sub-contrac- 
tors and material-men, or any of them, shall have the right to 
complete the same, and shall be entitled to a reasonable compensation 
therefor, in proportion to the price stipulated for the whole, and 
th e court shall adjust their claims accordingly. 

§ 23. Whenever, after a contract has been made, the contrac- 
tor shall associate one on more persons as partners or joint con- 
tractors in carrying out the same or any part thereof, the lien 
for materials or labor furnished by a sub-contractor to such con- 
tractor and his partners or associates, as originally agreed upon, 
shall continue the same as if the sub-contract had been made 
with all of said parties. When the contractor shall sub-let his 
contract, or a specific portion' thereof, to a sub contractor, the party 
furnishing mater al to or performing any labor for such sub-con- 
tractor, shell have a lien therefor to the extent of the sum to be 
paid to the sub-contractor who purchases material from or em- 
ploys him, and may enforce his lien in the same manner as is 
herein provided for the enforcement of liens by sub-contractors. 
Any sub-contractor shall, as often as requested in writing by the 
owner or contractor, or the agent of either, make ,out and give to 
such owner, contractor or agent a statement of the persons fur- 
nishing material, giving their names and how much, if anything is 
due or to become due to each of them, and when the same 
became or will become due, which statement shall be made under 
oath, if required. If any sub contractor shall fail to furnish such 
statement within five (5) days after such demand, he shall for- 
•feit to such owner or contractor the sum of fifty dollars (5$50) for 
every offense, which may be recovered in an action of debt before 
a justice of the peace, and shaU have no right of action against 
either owner or contractor until he shall furnish such statement, 
and the lien of such sub- contractor shall be subject to the liens 
of all other creditors. 

§ 24. Any person who shall furnish material, apparatus, fix- 
tures, machinery or labor to any contractor for a public improve- 
ment in this State, shall have a lien on the money, bonds or war- 
rants due or to become due such contractor for such improve- 
ment: Provided, such person shall, before any payment or 
delivery thereof is made to such contractor, notify the officials of 
this State, county, township, city or municipality whose duty it is 
to pay such contractor of his claim by a written notice and the 
full particulars thereof. It shall be the duty of such ofiicials so 
notified to withhold a sufiicient amount to pay such claim until it 
is admitted, or by law established, and thereupon to pay the 
amount thereof to such person, and such payment shall be a 
credit on the contract price to be paid to such contractor. Any 



■236 LIENS. 



officer violating tlie duty hereby imposed upon him shall be liable 
on his official bond to the person serving such notice for the 
damages resulting from such violation, which may be recovered in 
an action at law in any coart of competent jurisdiction. There 
shall be no preference between the persons serving such notice, 
but all shall be paid pro rata in proportion to the amount due 
under their respective contracts. 

§ '25. Such sub- con tractor, or party furnishing materials, may 
at any time after making his contract with the contractor, and 
shall within sixty (60) days after the completion thereof, or if 
extra work is done or extra material is delivered tliereafter, within 
sixty davs after the date of completion ol such extra work or 
final delivery of such extra material, cause a written notice of his 
claim, or of such sab-contract with a copy thereof, if the same 
be in writing, and the amount due or to become due thereunder, and 
when it became or will become due, to be personally served on 
the owner, or his agent, or the architect, or saperintendent hav- 
ing charge of the building or improvement, and his claim shall 
be a lien as against the owner from the date of the service of 
sucb. notice, so far as the owner may be indebted to the contrac- 
tor at that time, or may become indebted to him as such con- 
tractor thereafter. Where such written contract by reference makes 
the plans and specifications of the original contract part thereof, 
it shall not be necessary to serve a copy of such plans or speci- 
fications with the notice. It shall be the duty of the agent, archi- 
tect or superintendent so notified to at once transmit such notice to 
the owner, and for his failure so to do he shall be personally 
liable, both to the owner and party serving such notice, for all 
damages in consequence of such failure, which may be recovered 
in an action at law in any court of competent jarisdiction: Pro- 
vided, such notice shall not be necessary where the sworn state- 
ment of the contractor or sub contractor provided for herein shall 
serve to give the owner tine notice of the amount due and to 
whom due, but where such statement is incorrect as to the amount, 
the sub-contractor or material man named shall be protected to 
the extent of the amount named therein as due or to become due 
to him. The form of such notice may be as follows: 

To (name the owner): You are hereby notified that I have been 
employed by (name of contractor) to (state here what was the 
contract or what was done, or to be done, or what the claim is 
for) under his contract with you on your property at (here give 
substantial description of the property), and that there was due 

me on the.... day of , or is to become due on the.... 

day of.. (as the case may be) therefor the sum of 

dollars. 

Dated at.... this.... day of , A. D. 189.. 

( Signature ) 

§ 26. In all cases where the owner, agent, architect or superin- 
tendent cannot be found in the county in which said improvement 



LIENS. 237 



is made, or shall not reside therein, the sub-coutractor or person 
furnishing materials, fixtures, apparatus, machinery, labor or 
services, shall give notice by filing in the ofiice of the clerk of 
the circuit court against the person making the contract and the 
owner a claim for lien verifiei by the affidavit of himself, agents 
or employe, which shall consist of a brief statement of his con- 
tract or demand, what he is to do, within what time, when a ad 
what amount he is to be paid therefor; or, if done, what done, 
between what dates, and the balance dae after allowing all credits, 
and the character thereof, and when the same became due, aid a 
substantially correct description of the lot, lots, or tract of land. 
An itemized account shall not be necessary, except for extras, 
where the sub-contract is for all of a specific part of the work, or 
for all of the materials of a certain class, where the amount to be 
paid therefor was a fixed and agreed sum. 

§ 27. The claim of any person for mechanical or other labor, 
under section twenty-two (22) of this act, to the extent of two 
weeks' wages, shall be a preferred lien for twenty days from the 
last day's work performed by such person, to an amount equal to 
ten per cent, of the proportionate value of the contract completed 
up to the date of said last day's work: Provided, such notice is 
served within twenty days from the date when such last day's 
work was performed by such person, and the owner or his agent 
may retain for said twenty days such ten per cent, out of any 
money due or to become due the contractor: And provided, 
further, this ten per cent, shall not be construed as in addition 
to any per cent, that may be held back in pursuance of the terms 
of the contract between the owner and the contractor. 

§ 28. When the owner, or his agent, is notified as provided in 
this act, he shall retain from any money due or to become due 
the contractor an amount sufiicient to pay all demands that are or 
will become due such sub- contractor, tradesman, material-man, 
mechanic or workman, of whose claim he is notified, and shall pay 
over the same to the persons entitled thereto, as the same becomes 
due. Such payment shall be as follows: 

First. All claims for mechanical or other labor to the extent of 
two weeks' wages, of which notice has been served as provided in 
the preceding pection, shall be paid in full. If the money due 
and to become due the contractor, including the ten per ceot. in 
said section provided, is not sufficient to pay such claims in full, 
he shall pay them pro rata, in proportion to the amounts thereof, 
respectively, at the time of such payment. 

Second. The claims of the laborers above named for the balance 
due in excess of two week's wages, and of other laborers, trades- 
men, material-men and sub- contractors who are entitled to liens, 
pro rata in proportion to the amouut due them respectively. 

All payments made as directed shall, as bet w -sen such owner 
and contractor, be considered the same as if paid to such con- 
tractor. Any payment made by the owner to the contractor after 



238 LIENS. 



such notice, without retaining sufficient money to pay such claims, 
shall be considered illegal, and made in violation of the rights of 
the sub- contractors, and the rights of such sub- contractors to a 
lien shall not be affected thereby, but the owner shall not be held 
liable to any sub-contractor or other person whose name is omitted 
from the btatement provided for ia section five (5) of this act, 
nor for any larger amount than the sum herein named as due 
such person, provided such omission is not made with the knowl- 
edge or collusion of the owner, unless previous thereto or to his 
payment to his contractor, he shall be notified as herein provided 
by such persons of their claim, and the true amount thereof. 

Third. The balance, if any, to the contractor. 

§ 29. If the money due to the sub-contractor shall not be paid 
within ten days after his notice is served, as provided in sections 
twenty-five (25) and twenty-seven (27) or within ten days after his 
claim for lien is filed, as provided in section twenty-six (26), or on 
the date the same is shown to be due by the contractor's state- 
ment made, as provided in section five (5), and any money shall 
then be due from such owner to the contractor, then such person 
may either file his petition and enforce his lien as heretofore pro- 
vided for the contractor in sections nine (9) to twenty-one (21), 
inclusive, of this act, except as to the time within which suit 
shall be brought, or he may sue the owner or contractor jointly 
for the amount due him, in any court having jurisdiction of the 
amount claimed to be due, and a personal judgment may be 
rendered therein, as in other cases. In such actions at law, as in 
suits to enforce the lien, the owner shall be liable to the com- 
plainant for no more than the pro rata share that such person 
would be entitled to with other sub-contractors out of the funds 
due to the contractor from the owner under the contract between 
them, and such actions at law shall be maintained against the 
owner only in case the complainant establishes his right to the 
lien. All suits and actions by sub-contractors shall be against 
both contractor and owner jointly, and no decree or judgment 
shall be rendered herein until both are duly brought before the 
court by process or publication. All such judgments, where the 
lien is established, shall be against both jointly, but shall be en- 
forced against the owner only to the extent that he is liable 
under his contract as by this act provided, and shall recite the 
date from which the lien thereof attached according to the pro- 
visions of sections one (1) and twenty -two (22) of this act, but 
this shall not preclude a judgment against the contractor, per- 
sonally, where the lien is defeated. 

§ 30. If the execution issued on a judgment obtained btrfore a 
justice of the peace shall be returned not satisfied, a transcript of 
such judgment may be taken to the circuit court and spread 
upon the records thereof, and execution issued thereon as in other 
cases, except that the lien of the same shall be preserved as a 
preferred lien on the property improved from the date recited in 



LIENS. 239 



the judgment and enforced thereon the eame as if a decree had 
been rendered by the circuit court in a suit to enforce such lien 
under the provisions of this act. 

§ 31, If there are several liens under section tvs^enty-two (22) 
upon the same premises, and the owner or any person havitg 
such a lien shall fear that there is not a sufficient amount coming 
to the contractor to pay all of such liens, such owner or any one 
or more persons having such lien may file his or their sworn bill 
or petition in the circuit ^court of the proper county, stating 
such fact and such other facts as may be sufficient to a full under- 
standing of the rights of the parties The contractor and all 
persons having liens upon, or who are interested in the premises 
so far as the same are known to -or can be ascertained by the 
claimant or petitioner, upon diligent inquiry, shall be made parties. 
Upon the hearing, the court shall find the amount coming* from 
the owner to the contractor, and the amouat due to each of the 
persons having liens, and in case the amount found to be coming 
to the contractor shall be insufficient to discharge all the liens in 
full, the amount so found in favor of the contractor, shall be 
divided between the persons entitled to such liens pro rata in 
proportion to the amounts so found to be due them respectively. 
If the amount so found to be coming to the contractor shall be 
sufficient to pay the liens in full, the same shall be so ordered. 
The premises may be sold as in other cases under this act. The 
parties to such suit shall prosecute the same under like require- 
ments as are directed in section eleven (11) of this act, and all 
persons who shall be duly notified of such proceedings, and who 
shall fail to prove their claims, whether the same be in judgment 
against the owner or not, shall forever lose the benefit of and be 
precluded from their liens and all claims against the owner. 
Upon the filing of such bill or petition, the court may, on the 
motion of any person interested, and shall, upon final decree, 
stay further proceedings upon any judgment against the owner on 
account of such liens. 

§ 32. Should the contractor, for any cause, fail to complete his 
contract, any person entitled to a lien as aforesaid may file his 
petition in any court of record against the owner and contractor, 
setting forth the nature of his claim, the amount due, as near as 
may be, and the names of the parties employed on such house or 
other improvement subject to liens, and a notice of such suit shall 
be served on the persons therein named, and such as shall appear 
shall have their claims adjudicated, and decree shall be entered 
against the owner and contractor for so much as the work and 
materials shall be shown to be reasonably worth, according to the 
original contract price, first deducting so much as shall have been 
rightfully paid on said original contract by the owner, and dam- 
ages, if any, that may be occasioned the owner by reason of the 
non-fulfillment of the original contract; the balance to be divided 
between such claimants in proportion to their respective interests 
to be ascertained by the court The premises may be sold as in 



240 LIENS. 



other cases under this act. The parties to such suit shall prose- 
cute the same under like requirements as are directed in section 
eleven (11) of this act. 

§ 33. No payments to the contractor or to his order shall be 
regarded as rightfully made as against the sub- contractor, or party 
furnishing materials, if made by the owner without exercising or 
enforcing the rights and powers conferred upon him in sections 
five (5) and twenty-three (23) of this act. 

§ 84. No petition shall be filed or suit commenced to enforce 
the lien created by sections twenty- two (22) and twenty-three (23), 
unless the same is commenced within four months after the time 
that the final payment is shown to be due the sub contractor or 
party furnishing material by the statement of the contractor, made 
as provided for in section five (5); or of the sub-contractor, made as 
provided for in section twenty-three (23) or by the notice, served 
or given as provided for in sections twenty-five (25) and twenty- 
six (26): Provided, if any delay in filing such petition or com- 
mencing suit is caused in consequence of the final payment not 
being due the contractor, the time of such delay shall not be 
reckoned. 

§ 35. Upon the written demand of the owner, lienor, or any 
person interested in the real estate, or their agent or attorney, 
served on the person claiming the lien, or his agent or attorney, 
requiring suit to be commenced to enforce the lien, suit shall be 
commenced within thirty days thereafter or .the lien shall be for- 
feited, and the same released, if a claim for lien has been filed 
with the clerk of the circuit court. 

§ 36, Whenever a claim for lien has been filed with the clerk 
of the circuit court, either by the contractor or the sub-contractor, and 
is afterward paid, with cost of filing same, or where there is a 
failure to institute suit to enforce the same after demand, as pro- 
vided in the preceding section, within the time by this act limited, 
the person filing the same, or some one by him duly authorized 
in writing to do so, shall acknowledge satisfaction or release 
thereof in the proper book in such office, in writing, on written 
demand of the owner, and on neglect to do so for ten days after 
the claim has been paid or the time has expired to bring suit 
thereon, he shall forfeit to the owner the sum of twenty-five dol- 
lars ($25.00), which may be recovered in an action of debt before a 
justice of the peace. 

§ 37. Any owner, contractor, sub-contractor or other person who 
shall purchase materials on credit, and represent at tbe time of 
purchase that the same are to be used in a designated building, 
or buildings or other improvement, and shall thereafter sell, use, 
or cause to be used, the said materials, in the construction of, or 
remove the same to any building or improvement other than that 
designated, or dispose of the same for any purpose, without the^ 
written consent of the person of whom the materials were pur- 
chased, with intent to defraud such person, shall be deemed guilty 



LIENS. 241 



of a misdemeanor and on conviction shall be punished by a fine 
not exceeding tive hundred dollars ($500.00), or confined in the 
county jail not exceeding one year, or both so fined and imprisoned. 

§ 38. Any architect, contractor, sub-contractor, material-man, or 
other person furnishing services, labor or material for the purpose 
of or in constructing, building, altering, repairing or ornamenting 
a boat, barge or other water craft, shall have a lien on such boat, 
barge or other water craft for the value of such services, labor or 
material in the same manner as is in this act provided for serv- 
ices, labor or material furnished by such parties for the purpose 
of buildiog, altfriug, repairing or ornamenting a house. And such 
lien may be established and enforced in the same manner as like 
liens are established and enforced under this act, and the parties 
shall be held to ttie same obligations, duties and liabilities as in 
the case of a contract for building, altering, repairiag or orna- 
menting a house. 

§ 39. The clerk of the circuit court shall endorse on the state- 
ment filed pursuant to the provisions of sections one (1) and six 
(6), the date of filing, and note in a book kept for that purpose 
and properly indexed the names of the contractor filing the state- 
ment, of the persons contracted with, the date of filing, a descrip- 
tion of the property charged "v^ith the lien, the amount claimed 
and the date for final payment, for which the person filing the 
statement shall pay one dollar ($1.00) to the clerk. When claims 
for lien are filed pursuant to the provisions of sections seven (7) 
and twenty-six (26). the clerk of the circuit court shall endorse 
thereon the dMe of filing, and make an abstract thereof in a book 
kept for that purpose and properly indexed, containing the name 
of the person filing the lien, the amount of the lieu, the date of 
filing, the name of the persons against whom the lien is filed, and 
a description of the property charged with the lien, for which the 
person filing the lien shall pay one dollar to the clerk. 

§ 40. Sections one to forty-seven inclusive of an act entitled 
"An act to revise tJie law in relation to liens," approved March 
25, 1874, and an act entitled "An act to amend section twenty-eight 
of an act entitled 'An act to revise the law in relation to liens,' 
approved March 25, 1874," approved May 24, 1879, and an act 
entitled "An act to amend sections four and twenty- eight, and add 
sections fifty-two, fifty-three and fiftj^-fDur to 'An act to revise the 
law relating to liens,' in force July 1, 1874," approved May 31, 
1887, and an act entitled "An act to amend sections twenty- nine, 
thirty and thirty- five, and to repeal sections thirty-six, forty- two, 
forty-three and forty-four of an act entitled 'An act to revise the law 
in relation to liens,' approved March 25, 1874," in force July 1, 1874, 
approved June 16, 1887, and an act entitled "An act to amend sections 
eleven, thirty-three, thirty-four and thirty-five of 'An act to revise the 
law in relation to liens,' approved March 25, 1874, in force July 1, 
1874, as amended by an act approved June 16, 1887, and in force 
July 1, 1887," approved June 22, 1891, and all other acts and 
parts of acts inconsistent with this act are hereby repealed, except 
-=16 



242 LIENS. 



as herein re-enacted: Provided, That this section shall not be so 
construed as to affect any rights existing or actions pending at the 
time this act shall take effect, 

§ 41. This act is and shall be construed as a remedial act, and 
shall take effect and be in force from and after its passage. 

Appeoved June 26, 1895. 



miners' liens. 

§ 1. Applies meclianics' lien act to miners. 

An Act to protect laborers and miners for labor iJerformed in 
developing and working in coal mines. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That every laborer or 
miner who shall perform labor in opening and developing any coal 
mine, including sinking shafts, constructing slopes, or drifts, min- 
ing coal and the like, shall have a lien upon all the property of 
the person, firm or corporation owning, constructing or operating 
such mine, used in the construction or operation thereof, includ- 
ing real estate, buildings, engines, cars, mules, scales and all other 
personal property, for the value of such labor for the full amount 
thereof, upon the same terms, with the same rights and to be 
secured and enforced as mechanics' liens are secured and enforced. 

Approved June 21, 1895. 



WAGES OF employees. 

§ 1. Amends section 1 of the act of 1887, by § 3. Statement of claim. 

eliminating provisions regarding seizure „ „ _,, . -„, .. 

. ^ ,- ■* 4. f ^ §3- Claim— When paid, 

of property, and limitation of amount 

of claim preferred, and adds two new 

sections as follows : 

An Act to amend an act entitled, "An act to protect employes 
and laborers in their claims for wages.'' Approved June 15, 
1887, in force July 1, 1887. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the (Jeneral Assembly: That an act en- 
titled "An act to protect employes and laborers in their claims for 
wages, approved June 15, 1887, in force July 1, 1887," be and the 
same is amended so as to read as follows: That hereafter, when 
the business of any person, corporation, company or firm shall be 
suspended by the action of creditors, or be put into the hands of a 
receiver or trustee, then in all such cases the debts owing to 
laborers or servants which have accrued by reason of their labor 
or employment, shall be considered and treated as preferred 
claims, and such laborers or employes shall be preferred creditors, 
and shall be first paid in full, and if there be not sufficient to 



LUNATICS, TDIOTS, ETC. 21.' 



pay them in full the same shall be paid from the proceeds of the 
sale of the property seized: Provided, that any person interested 
may contest any such claim or claims, or any part thereof, by fil- 
ing exceptions thereto, supported by affidavit, with the officer hav- 
ing the custody of such property, and thereupon the claimant 
shall be required to reduce his claim to judgment before some 
court having jurisdiction thereof before any part thereof shall be 
paid. 

§ 2. Any such laborer or servant desiring to enforce his or her 
claim for wages under this act, shall present a statement under 
oath showing the amount due, the kind of work for which such 
wages are due, and when performed, to the officer, person or court 
charged with such property, within ten (10) days after the seizure 
thereof on any execution or writ of attachment, or within thirty 
(30) days after the same may have been placed in the hands of any 
receiver or trustee, and thereupon it shall be the duty of the per- 
son or court reciving such statement to pay the amount of such 
claim or claims to the person or persons entitled thereto. 

§ 3. No claims made under this act shall be paid until after 
the expiration of the time in which to present such claims. And 
if the funds realized on the property seized be insufficent to pay 
the total claims presented, then such funds shall be prorated on 
such claims. 

Approved June 21, 1895. 



LUNATICS, IDIOTS, DEUNKAKDS AND SPENDTHEIFTS. 



APPOINTMENTS OF CONSERVATOR. 



§ 1. Amends the act of 1874 as follows : 

Proceedings for conservator — Applies 
the provisions of the act of June 31,1893. 



§ 2. Appointment of conservator — Transcript 
of record to probate court in certain 
cases. 



An Act io amend sections one and two of an act entitled ''An 
act to revise the law in relation to idiots, lunatics, drunkards 
and spendthrifts," approved March 26, 1874, in force July 1, 

1874. 

[Section 1.] Be it enacted by the People of the State of Illinois, 
rep7'esented in the General Assembly: That sections one and two of 
an act entitled "An act io revise the law in relation to idiots, 
lunatics, drunkards and spendthrifts," approved March 26, 1 74, 
in force July 1, 1874, be and the same are hereby amended to 
read, respectively, as follows, to- wit: 

Section 1. When any person having any estate, real or per- 
sonal, shall be, or be supposed to be, an idiot or an insane or dis- 
tracted person who, by reason of unsoundness of mind, is incapa- 
ble of managing and caring for his own estate, or when any person 
having any estate shall be, or be supposed to be, a drunkard or 



244 LUNATICS, IDIOTS, ETC. 



spendthrift who is alleged so to spend, waste or lessen liis estate 
as to expose himself or his family to want or suffering, or any 
county, town, or incorporated city, or village to any charge or* 
expense for the support of himself or his family, the county court 
of the county wherein such person resides shall, on the proper 
application of any reputable citizen of such county, proceed in con- 
formity, as near as may be, to the provisions of an act entitled 
"An act to revise the law in relation to the commitment and deten- 
tion of lunatics, and to provide for the appointment and removal 
of conservators, and to repeal certain acts therein named," approved 
June 21, 1893, in force July 1, 1893, to ascertain whether such 
person be an idiot or an insane or distracted person who, by reason 
of unsoundness of mind, is incapable of managing and caring for 
his own estate, a drunkard or spendthrift as aforesaid. 

§ 2. If on application, as provided in section one of this act, any 
person be found an idiot, insane person, distracted person, drunk- 
ard or spendthrift, and by reason of such condition, incapable of 
managing and caring for his own estate, it shall be the duty of 
the court to appoint a conservator for such person: Provided, 
that in any county wherein a probate court is or hereafter may 
be established, the county court shall, on finding as aforesaid, 
order transmitted to the probate court of such county a duly cer- 
tified copy of the record of the verdict of the jury or the report 
of the commission of physicians, and the judgment of the court 
thereon finding such person an idiot, insane person, distracted per- 
son, drunkard or spendthrift, and by reason of such condition 
incapable of managing and caring for his own estate, and the pro- 
bate court, upon the filing therein of the proper petition, together 
with the certified copy of the record aforesaid may, in its discre- 
tion, without further inquest by jury or commission of physicians, 
appoint a conservator for such person. 

•Approved June 17, 1895. 



FINAL SETTLEMENT BY CONSERVATORS. 

§ 1. Amend section 1 of the act of 1874, by adding provisions empowering conservator to settle 
and distribute estate of deceased ward. 

An -Act to amend section nine (9) of chapter" eighty-six (86) of 
an act entitled "An act to revise the law in relation to idiots, 
lunatics, drunkards and spendthrifts," approved March 26, 
1874, in force July 1, 1874. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: 

Section 9. Such conservator shall, at the expiration of his trust, pay 
and deliver to those entitled thereto all the money, estate and 
title papers in his hands as conservator, or with which he is 
chargeable as such, in such manner as shall be directed by the 



MEDICINE AND SUEGERY. 245 



order or decree of any court liavinj^j jurisdiction thereof. When- 
ever any lunatic, idiot, drunkard or spendthrift shall die, seized 
or possessed of any real or personal estate, then such conservator 
shall have full power and authority under the letters issued to 
him or her to make final settlement and distribution of the estate 
of said deceased ward without further letters of administration, in 
such time and manner as is required by law of administrators of 
the esta e of deceased persons: Provided, this shall not apply to 
non-residents conservators. 

Approved June 7, 1895. 



MEDICINE AND SUEGERY. 



§ 3 

§ 4 
S 5 



§ 9 



Amends the amended act of 1881, as fol- 
lows: 

None but registered pharmacists to con- 
duct pharmacy, dispensary, drug store, 
apothecary shop, etc. — Penalty. 

None but registered pharmacist to com- 
pound or retail drugs, etc. 

Term drug store or pharmacy defined. 

Registered pharmacists by e.xamination. 

Registered pharmacists on time service. 

Assistant pharmacist. 

State board of pharmacy may issue per- 
mits to certain persons. 

Apprentices. 



PHARMACY. 

§ 10. Annual registration— Fee— Certificate. 



§ 11. State board of pharmacy — Appoint- 
ment. 

§ 12. Organization -duties of officers — Meet- 
ings. 

§ 13. Secretary of board — Salaries and ex- 
penses. 

§ 14 Packagecontaining drugsaud medicine — 
Label— Penalty. 

§ 15. False representation to procure registra- 
tion — Penalty. 

^ 16. Adulteration, alteration, or substitu- 
tion of drugs, etc. — Penalty. 

§ 17. Suits for penalties. 



An Act to amend cm act entitled "An act to regulate the practice 
of pharmacij in the State of Illinois,'' approved May 30, 1881, 
as amended by act approved June 4, 1889. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That an act entitled "An 
act to regulate the practice of pharmacy in the State of Illinois," 
approved May 30, 1881, in force July 1, 1881, as amended by act 
approved June 4, 1889, in force July 1, 1889, be amended to read 
as follows: 

§ 2. That it shall be unlawful for any person not a registered 
pharmacist within the meaning of this act, to open or conduct any 
pharmacy, dispensary, drug store, apothecary shop or store, for 
the purpose of retailing, compounding or dispensing drugs, medi- 
cines, or poisons, and any person violating the provisions of this 
section shall be liable to a penalty of not less than twenty nor 
more than one hundred dollars for every such violation: Pro- 
vided, however, that nothing in this act shall prevent any person 



246 MEDICINE AND SUEGEEY. 



or persons owning a drug store or pharmacy who shall employ 
and place in active and personal charge of the same, a registered 
pharmacist, and that nothing herein contained shall apply to nor 
in any manner interfere with the practice of any physician, or 
prevent him from supplying to his patients such articles as may 
seem to him proper; nor with the exclusively wholesale business 
of any wholesale druggist; nor with the sale of patent and proprie- 
tary medicines and domestic remedies by retail dealers in localities 
as hereinafter provided. 

§ 3. That it shall be unlawful for the proprietor of any drug 
store or pharmacy to allow any person in his employ, except a 
registered pharmacist or registered assistant pharmacist, to com- 
pound, recommend, dispense or sell at retail, drugs, medicines or 
poisons, or except an apprentice under the immediate supervision 
of a registered pharmacist, as hereinafter provided. Any person 
violating the provisions of this section shall be liable to a fine of 
not less than ten nor more than fifty dollars for each and every 
such offense. 

§ 4. The term drug store or pharmacy shall for all purposes of 
this act be construed to mean a store, shop or other place of 
business where drugs, medicines or poisons are compounded, dis- 
pensed or sold at retail. 

§ 5. Registered pharmacists by examination must be persons 
not less than twenty-one years of age, who have had four years 
practical experience in compounding drugs in drug stores where 
the prescriptions of medical practitioners are compounded, or phy- 
sicians holding certificates from the State Board of Health, who 
have filled their own prescriptions during four years practice in 
Illinois, and have passed a satisfactory theoretical and practical 
examination before the State Board of Pharmacy hereinafter men- 
tioned. The said board may, in their discretion, grant certificates 
of registration to such persons as shall furnish with their appli- 
cation satisfactory proof that they have been registered by ex- 
amination in some other state: Provided, that such other state 
shall require a degree of competency equal to that required of 
applicants in this state. Every applicant for registration as a reg- 
istered pharmacist shall pay to the secretary of the board the sum 
of five dollars: Provided, that in case of failure of any applicant 
to pass a satisfactory examination, this fee shall be refunded. 

§ 6. Registered pharmacists on time service must be persons 
not less than twenty-one ye-irs of age, who shall furnish satisfac- 
tory evidence to the State Board of Pharmacy that they haye had 
five years practical experience in compounding drugs in a drug 
store or pharmacy where the presciptions of medical practitioners 
are compounded. The said board shall have the right to refuse 
registration to applicants whose credentials are not satisfactory 
evidence of their competency. Each applicant for registration 
under this section shall pay to the secretary of said board the 
sum of five dollars before receiving his certificate of registration. 
Said certificate shall be operative in and apply to the town, place 
or locality for which granted and no other. 



MEDICINE AND SURGERY. 247 



§ 7. Any person shall be entitled to registration as an as- 
sistant pharmacist who is of the age of eighteen years, of good 
moral character, temperate habits, and has had three years' service 
under a registered pharmacist, and the time of attendance at any 
respectable school of pharmacy shall be accredited on the above 
time, or shall pass an examination before the State Board of 
Pharmacy that shall show competency or qualifications equal to 
such service. Each applicant for registration as assistant pharma- 
cist shall pay to the said board the sum of five dollars before re- 
ceiving his certificate of registi ation. Said board shall have the 
right to refuse registration to applicants whose examination or 
credentials are not satisfactory evidence of their competency, and 
in case of failure to pass the required examination, this fee shall 
be refunded. Any assistant pharmacist shall have the right to 
act as clerk or salesman in a drug store or pharmacy during the 
temporary absence of the owner or manager thereof. 

§ 8. The board of pharmacy may, in their discretion, issue 
permits to persons, firms or corporations engaged in business in 
villages or other localities, empowering them to sell the usual do- 
mestic remedies and proprietary medicines under such restrictions 
as the board of pharmacy may deem proper. Each applicant for 
this permit shall pay ^o the said board the sam of one dollar be- 
fore said permit shall issue. Said permit shall specifically state 
just what the holder thereof is allowed to sell. 

§ 9. It shall be the duty of registered pharmacists who take 
into their employ an apprentice for the purpose of becoming a 
pharmacist, to report to the board such facts regarding his school- 
ing and preliminary qualifications as the board may require for the 
purpose of registration. The board shall furnish proper blanks 
for this purpose and issue a certificate of registration (without 
cost) as a registered apprentice. 

§ 10. Every registered pharmacist, who desires to continue the 
practice of his profession, shall annually thereafter, during the 
time he shall continue in such service, on such dates as the Board 
of Pharmacy may determine, of which date he shall have thirty 
daytj' notice by said board, pay to the secretary of the board a 
registration fee, to be fixed by the board, but which shall in no 
case exceed $1.50 for which he shall receive a renewal of said 
registration. The failure of any registered pharmacist to pay said 
fee shall not deprive him of his right to renewal upon payment 
thereof; nor shall his retirement from the profession deprive him 
of the right to renew his registration should he within five j-ears 
thereafter wish to resume the practice, upon the payment of said 
feep. Registered assistants upon receiving notice as aforesaid, 
shall, if they desire to renew their registration, pay to the secre- 
tary of said board an annual fee of one dollar: Provided, how- 
ever, that the Board of Pharmacy may refuse registration, or may 
suspend the certificates of registered pharmacists, or assistant 
pharmacists, who are proven to be so addicted to the excessive 
use of stimnlants or narcotics as to render them unsafe to handle 



^48 MEDICINE AND SURGEEY. 



or sell drugs, medicines and poisons. The holders of permits 
shall pay the sum of one-half dollar annually for the renewal of 
said permit. Every certificate of registration granted under this 
act shall be conspicuously exposed in the pharmacy to which it 
applies, and the name of the registered pharmacist who conducts 
the drug store or pharmacy shall be conspicuously displayed over 
the door or department. Any person violating the provisions of 
this section shall be liable, upon conviction thereof, to pay a pen- 
alty of not less than twenty dollars nor more than fifty dollars. 

§ 11. The Governor, with the advice and consent of the Senate, 
shall appoint five persons from among such competent registered 
pharmacists in the State as have had ten years' practical experi- 
ence in the dispensing of physicians' prescriptions, and who are 
actively engaged in the practice of their profession, who shall con- 
stitute the Board of Pharmacy. The peisons so appointed shall 
hold their offices for five years: Provided, that the terms of the 
office shall be so arranged that the term of one shall expire on the 
thirtieth day of December of each year, and the vacancies so 
created, as well as all vacancies otherwise occurriDg, shall be filled 
by the Governor, with the advice and consent of the Senate: And, 
provided, also, that the appointments made when the Senate is 
not in session may be confirmed at it^s next ensuing session. The 
Illinois Pharmaceutical Association shall annually report directly 
to the Governor, recommending the names of at least three per- 
sons whom said association shall' deem best qualified to fill any 
vacancies which shall occur in said board. 

§ 12. The said board shall, within thirty days after its appoint- 
ment, meet and organize by electing a president from among their 
members, and a secretary, who shall not be a member of said 
board. The board shall also elect a treasurer, who is a member 
of the board. Said board shall prescribe the duties and compen- 
sation of such treasurer, and shall require the said treasurer to 
give such bond as the said board shall direct. The secretary shall 
pay over to the treasurer all moneys that shall come into his 
hands as secretary. It shall be the duty of the board to examine 
all applications for registration submitted in proper form, to grant 
certificates of registration to such persons as may be entitled to 
the same under the provisions of this act, to cause the prosecution 
of all persons violating its provisions; to report annually to the 
Governor and to the Illinois Pharmaceutical Association upon the 
condition of pharmacy in this State, which said report shall also 
furnish a record of the proceedings of the said board for the year, 
and also the names of all the pharmacists duly registered under 
this act. The board shall hold meetings for the examination of 
applicants for registration and the transaction of such other busi- 
ness as shall pertain to its duties, at least once in six months: 
Provided, that said board shall hold meetings at least once in 
every year in the city of Chicago and in the city of Springfield, 
and it shall give thirty days' public notice of the time and place 
of such meeting, shall have the power to make by-laws for the 



MEDICINE AND SUKGEKY. 249 



proper fulfillment of its duties under this act, and shall keep a 
book of registration, in which shall be entered the names, places 
of business of all persons registered and holding permits under 
this act, which book shall also specify such facts as said persons 
shall claim to justify their registration. Three members of said 
board shall constitute a quorum. 

§ 13. The secretary of the board shall receive a salary which 
shall be fixed by the board, and which shall not exceed the sum 
of two thousand dollars ($2,000) per year; he shall also receive 
his traveling and other expenses incurred in the performance of 
his official duties. The members of the board shall receive the 
sum of $5 for each day actually engaged in this service and all 
legitimate and necessary expenses incurred in attending the meet- 
ings of said board. Said expenses shall be paid from the fees and 
penalties received by the board ander the provisions of this act, 
and no part of the salary or other expenses of the board shall be 
paid out of the State treasury. All moneys received in excess of 
said per diem allowance and other expenses above provided for 
shall be held by the treasurer as a special fund for meeting the 
expenses of said board, and the cost of an annual report of the 
proceedings of the Illinois Pharmaceutical Association and the 
necessary expenses of said association. The board shall make an 
annual report to the Governor and to the Illinois Pharmaceutical 
Association of all moneys received and disbursed by them pursuant 
to this act. 

§ 14. No person shall sell at retail any drug, medicine or poison 
without affixing to the box, bottle, vessel or package containing 
the same a label bearing the name of the article distinctly shown 
with the name and place of business of the registered pharmacist 
from whom the aroicle was obtained: Provided, that nothing 
herein contained shall apply to the dispensing of physicians' pre- 
scriptions. Any pei'son failing to comply with the requirements 
of this section shall be liable to a penalty of five dollars for each 
and every such offense. 

§ 15. Any person who shall willfully make any false representa- 
tion to procure legistration for himself or any other person shall 
for each and every such offense be liable to a penalty of fifty 
dollars. 

§ If). No person shall add to or remove from any drug, medi- 
cine, chemical or pharmaceutical preparation, any ingredient or 
material for the purpose of adulteration or substitution, or which 
shall deteriorate the quality, commercial value or medicinal effect 
or which shall alter the nature or composition of such drug, med- 
icine, chemical or pharmaceutical preparation so that it will not 
correspond to the recognized tests of identity or purity. Any per- 
son who shall thus willfully adulterate or alter, or cause to be 
adulterated or altered, or shall sell or offer for sale any such adul- 
terated or altered drug, medicine, chemical or pharmaceutical 
preparation, or any person who shall substitute, or cause to be 
substituted, one material for another, with intention to defraud or 



250 MINERS. 



deceive the purchaser, shall be guilty of a misdemeanor, and be liable 
to prosecution under this act. If convicted he shall be liable to 
all the costs of the action and all the expenses incurred by the 
Board of Pharmacy in conaection therewith, and for the first 
ofEense be liable to a fine of not less than fifty dollars nor more 
than one hundred dollars, and for each subsequent offense a fine 
of not less than seventy- five nor more than one hundred and 
fifty dollars. On complaint being entered, the Board of Pharmacy 
is hereby empowered to employ an analyst or chemist expert, whose 
duty it shall be to examine into the so-claimed adulteration, sub- 
stitution or alteration, and report upon the result of his investi- 
gation, and if said report justify such action, the board shall duly 
cause the prosecution of the offender, as provided in this law. 

§ 17. All suits for the recovery of the several penalties prescribed 
in this act shall be prosecuted in the name of the "People of the 
State of Illinois" in any court having jurisdiction, and it shall be 
the duty of the State's Attorney of the county where such offense 
is committed to prosecute all persons violating the provisions of 
this act upon proper complaint being made. All penalties collected 
under the provisioDs of this act shall inure to the Board of Phar- 
macy. 

This bill, having remained with the Governor for a period of ten days, Sundays excepted, after 
the adjournment of the General Assembly, and he not having filed it with his objections thereta 
in the office of the Secretary of State, it becomes a law in like manner as if he had signed it. 
Witness my hand this 27th day of June, A. D. 1895. 

W. H. HINKICHSEN, 

, Secretary of State. 



MINERS. 



EXAMINATION OF FIRE BOSSES AND HOISTING ENGINEERS. 



§ 1. Hoisting engineers and fire bosses— Cer- 
tificate of qualification. 



§ 4. No one to be employed in the above ca- 
pacities after July 1,1896, without certifi- 
cate— Remedy — Damages. 



§ 2. Examination. 

§ 3. Qualifications — Registration — Fees. 

An Act io provide for the examinations of fire bosses and hoist- 
ing engineers at all coal mines in this State, where such serv- 
ices are necessary, and io regulate their employment. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That in order to se- 
cure the health and safety of persons employed in coal mines, 
that it shall be unlawful, after one year from date of this act go- 
ing into effect, for any one to assume or attempt to discharge the 
duties of hoisting engineer or fire boss at any coal mine in this 
State, where the service of hoisting engineer or fire boss is neces- 
sary, unless he shall hold such a certificate as to his qualification 
for that position as may be required by this act, from the State 
Board of Mine Examiners. 

§ 2. The certificates, provided for in the fir^t section of this 
act, may be either certificates of competency or certificates of 
service, and any person may acquire such certificate by appearing 



MINERS. 251 



before the State Board of Examiners, appointed by the commis- 
sioners of labor for the examination and inspection of mines, and 
submitting to such an examination as to his competency or length 
of service as may be prescribed by this act and the said exami- 
ners. 

a. Certificates of qualification or competency shall be con- 
ferred on any citizen of the United States who shall submit to 
and satisfactorily pass such an examination as to his fitness for 
the duties and responsibilities of hoisting engineers and fire bosses 
as the Board of Mine Examiners shall provide, and certificates of 
service shall be conferred on any citizen of the United States who 
shall present satisfactory evidence of having had at least four (4) 
years' practical experience as such tire boss or hoisting engineer, 
and of having served as such fire boss or hoisting engineer con- 
tinuously and satisfactorily for the same person or firm for one 
(1) year next preceding the passage of this act, but the holder of 
such certificate shall not be eligible to employment by any other 
person or firm until he shall also have obtained a certificate of 
competency upon examination. Before certificates are issued to 
any one under this act, it will be necessary for the applicants for 
such certificates to file with the Board of Examiners certificates of 
good moral character, signed by at least ten (10) reputable citi- 
zens in the community whe^e the applicant resides. 

b. The certificates herein provided for shall be issued by the 
State Board of Examiners and be registered in the office of the 
comoaissioners of labor, at the capitol, where a record of all cer- 
tificates issued shall be kept. Such certificates shall contain the 
full name, age and place of birth of the recipient, and also the 
length of his previous service as such fire boss or hoisting: 
engineer. 

c. All applicants for the certificates herein provided for shall,. 
before being examined, pay to the Board of Examiners the sum 
of one dollar each, and those who receive certificates shall pay an 
additional sum of two dollars each, all of which fees shall be ac- 
counted for and covered into the State treasury. 

§ 4. After July 1, 1896, no owner, operator or agent of any 
coal mine in this State where hoisting engineers are required to 
hoist coal or men out of the mine, or where fire or explosive gas 
generates, where the employment of a fire boss is necessary to 
examine the mine as to whether or not it is safe for men to enter 
and pursue their calling without danger from explosive gas, shall 
not employ any person whatever as hoisting engineer or fire boss 
unless they have a certificate of competency or service herein pro- 
vided for. And if any accident shall occur at or in any mine 
where a hois ing engineer or fire boss is employed who has no 
certificate of competency or service as required by this act, by 
which any person shall be killed or injured, he, or his heirs, 
shall have right of action again such operator, owner or ageut^ 
and shall recover the fall value of damages sustained. 

Approved June 21, 1895. 



251 MINERS, 



MINE INSPECTION DISTRICTS AND INSPECTORS. 

§1. Amends section 11 of the amended act of 1879, by increasing the number of inspection districts 
and inspectors from five to seven, adds provisions as to inspection fees, duties of inspectors, etc., 
and repeals section 3 of the act of June 18, 1891. 

An Act to amend section eleven (11) of an act entitled, "An 
act providing for the health and safety of persons employed in 
coal mines,'' approved May 28, 1879, in force July 1, 1879, as 
amended hy an act approved June 18, 1883, and an act ap- 
proved June 30, 1885, and to repeal section two (2) of an act 
entitled, "An act to require inspectors of mines to furnish infor- 
mation to the State Geologist and to provide ^ or paying the 
expenses of the same,'' approved Ju7ie 18, 1891. 

Section 1. Be it enacted hy the People of the State of Illi- 
nois, represented in the General Assembly: That section eleven 
(11) oi an act entitled "An act providing for the health and 
safety of persons employed in coal mines," approved May 28, 
1879, in force July 1, 1879, as amended by an act approved June 
18, 1883, and an act approved June 30, 1885, and now in force as 
so amended, be and the same is hereby amended so as to read as 
follows: 

§ 11a, This State shall be divided into seven inspection districts, 
as follows: The first district shall be composed of the counties 
of Boone, McHenry, Lake, DeKalb, Kane, DuPage, Cook, LaSalle, 
Kendall, Grundy, Will, Livingston and Kankakee. The second 
district, the counties of Jo Daviess, Stephenson, Winnebago, Car- 
roll, Ogle, Whiteside, Lee, Rock Island, Henry, Bureau, Mercer, 
Stark, Putnam, Marshall, Peoria and Woodford. The third dis- 
trict, the counties of Henderson, Warren, Knox, Hancock, McDon- 
ough, Schuyler, Fulton, Adams and Brown. The fourth district, 
the counties of Tazewell, McLean, Ford, Iroquois, Vermilion, Cham- 
paign, Piatt, DeWitt, Macon, Logan, Menard, Mason and Cass. 
The fifth district, the counties of Pike, Scott, Morgan, Sangamon, 
Christian, Shelby, Moultrie, Douglas, Coles, Cumberland, Clark, 
Edgar, Montgomery, Macoupin, Greene, Jersey and Calhoun, The 
sixth district, the counties of Monroe, St. Clair, Madison, Bond, 
Clinton, Fayette, Marion, Efiingbam, Clay, Jasper, Richland, Craw- 
ford and Lawrence. The seventh district, the counties of Wash- 
ington, Jefferson, Wayne, Edwards, Wabash, White, Hamilton, 
Franklin, Perry, Randolph, Jackson, Williamson, Saline, Gallatin, 
Hardin, Pope, Johnson, Massac, Union, Alexander and Pulaski. 

b. The Governor shall upon the recommendation of a board of 
examiners selected for that purpose, composed of two practical 
coal miners, two coal operators, and one mining engineer, to be 
appointed by the Bureau of Labor Statistics of this State, all of 
whom shall be sworn to a faithful discharge of their duties, 
appoint seven properly qualified persons to fill the offices of 
inspectors of coal mines of this State (being one inspector for 
each district provided for in this act), whose commissions shall 



MINERS. 253 



be for the term of two years, but they shall at all times be sub- 
ject to removal from office for neglect of duty or malfeasance in 
the discharge of duty, as hereinafter provided for. 

c. The inspectors so appointed shall have attained the age of 
thirty years, be citizens of this State, and have a knowledge of 
mining engineering sufficiett to conduct the development of coal 
mines, and a practical knowledge of the methods of conducting 
mining for coal in the presence of explosive gases, and of the 
proper ventilation of coal mines. They shall have had a practical 
mining experience of ten years, and shall not be interested as 
owner, operator, stockholder, superintendent or mining engineer of 
any coal mine during their term of office, and shall be of good 
moral character and temperate habits, and shall not be guilty of 
any act tending to the injury of miners or operators of mines 
during their term of office. They shall provide themselves with 
the most approved modern instruments for carrying out the inten- 
tion of this act. The inspectors, before assuming the duties of 
their several offices, stall take an oath of office, as provided for 
by the Constitution, and shall be required to enter into a bond to 
the State in the sum of five thousand dollars (l'5,000) with sure- 
ties to be approved by the Governor, conditioned upon the faith- 
ful performance of their duties in every particular, as required by 
this act, said bond, with the approval of the Governor endorsed 
thereon, together with the cjath of office shall be deposited with 
the Secretary of State. 

d. Any person, company or corporation operating any coal 
mine in this State shall be required to pay an inspection fee of 
not less than six dollars nor more than ten ' dollars for each visit 
of inspection or investigation of a coal mine by a State Mine In- 
spector, such fee to be regulated by the class of the mine, which 
shall be fixed by the inspector and depend upon the length of 
time consumed, and the expense necessarily incurred in the in- 
spection of such mine, and such fees shall be paid quarterly by 
the person, company or corporation operating the mine inspected 
to the secretary of the Bureau of Labor Statistics and by him 
covered into the State treasury, to be held as a fund for the pay- 
ment of salaries of State Mine Inspectors, as herein provided. 
It shall be the duty of each inspector, as often as he may deem 
necessary and proper, and at least four times a year, to inspect 
each and every mine in his inspection district. Each inspection 
shall be certified to by the pit committee and mine manager of 
said mine. It shall be the duty of each inspector to keep a de- 
tailed record of all inspections and of all fees for such inspec- 
tions, and he shall file a copy of the same with the secretary of 
the State Bureau of Labor Statistics quarterly, between the first 
and fifteenth days of the following months: October, January, 
April and July, which reports shall be published annually as a 
part of the regular report of the State Bureau of Labor Statistics. 
The inspectors provided for in this act shall receive as full com- 
pensation for their service 3 the sum of eighteen hundred dollars 



254 MINERS. 



each per aanum, to be paid quarterly out of such fund iu the 
state treasury as may be received for inspection fees: Provided, 
however, that in the event of such fees being inadequate to com- 
pensate the inspectors in the amount provided herein, the de- 
:ficiency in the salaries shall be paid out of any moneys in the 
State treasury not otherwise appropriated. The mine inspector 
shall be required to post up in some conspicuous place, at the 
top of each mine visited and inspected by him, a plain statement 
of the condition of said mine, showing what, in his judgment, is 
necessary for the better protection of the lives and health of per- 
sons employed in said mine; such statement shall give the date 
of inspection and the number of hours spent in the inspection, 
also the date of the latest previous inspection, and shall be signed 
by the inspector and the check weighman, and, if there be no 
check weighman employed by the miners, then said statement 
shall be signed by the weighman at the mine: Provided, that 
county boards may appoint an assistant county inspector in coun- 
ties producing eight hundred thousand tons of coal or more per 
annum, upon the written request of the district mine inspector, 
who shall act under the direction of the district inspector and 
shall receive not less than three dollars nor more than five dol- 
lars per day for time actually employed, to be paid out of the 
county treasury; such assistant inspector shall be one who has 
received a mine manager's certificate for [from] the Board of Mine 
Examiners of this State. 

e. It shall be unlawful for any person, company or corporation 
to operate any coal mine in this State without first having com- 
plied with all the conditions and sanitary regulations required 
under existing laws and paying all inspection fees provided for in 
this section, and in case of the refusal of any person, company, 
corporation, owner, agent or operator to pay said inspection fees, 
after assuming to operate a coal mine, it shall be the duty of the 
mine inspector in said district, through the State's Attorney of 
the county, or any other attorney,^ in case of his refusal promptly 
io act, to proceed on behalf of the State against said person, com- 
pany, corporation, owner, agent or operator of said mine, by in- 
junction, without bond, to restrain said person, company, corpora- 
tion, owner, agent or operator from continuing or attempting to 
continue to operate said mine or carry on a mining business. 

f. Section 2 of an act entitled "An act to require inspectors 
of mines to furnish information to State geologists, and to provide 
for paying the expenses of the same," approved June 18, 1891, 
be and the same is hereby repealed. 

Appeoved June 15, 1895, 



MINERS. 255 



MINE INSPECTORS TO BE INSPECTORS OF WEIGHTS AND MEASURES. 

§ 1. Mine inspectors to be ex-offlcio inspectors I § 3. Obstruction by mine owner or operator — 
of weights and measures. Penalty. 

An Act to make mine inspectors, inspectors of weights and 
measures at coal mines. 

Section 1. Be it enacted hy the People of the State of Illi- 
nois, represented in the General Assembly: That mine inspectors 
in this State shall be ex-officio inspectors of weights and measures 
of scales used to weigh coal in their respective dis ricts in this 
State, and they are hereby empowered to, and it shall be their 
duty to test the scales in such district used to weigh coal mined 
in coal mines or sold, at least once every sis months, to ascertain 
whether such scales correctly measure the weight of such coal, 
and if they find any defects or irregularities in such scales which 
prevent correct measurements of weights, they shall call attention 
of the mine owner, agent or operator to the same, and direct the 
same to be at once properly adjusted and corrected. 

§ 2. If the owner, agent or operator of any coal mine shall 
refuse to allow such inspectors to properly test the scales used at 
such mines, or shall fail or refuse to put such scales into proper 
condition to correctly weigh coal, upon being notified so to do by 
the inspector of his district, such owner, agent or operator shall 
be guilty of a misdemeanor, and, upon conviction thereof, shall 
be fined not exceeding five hundred (500) dollars, or confined in 
the county jail not exceeding six months, or both, in the discre- 
tion of the court. And it shall be the duty of the State's Attor- 
neys in their respective counties to prosecute any person violating 
the provisions of this act, the same as in other cases of mis- 
demeanor. 

Approved June 4, 1895. 



QUALIFICATIONS OF MINE MANAGERS. 

i 1. Amends section 4 of the act of 1891, by requiring of applicants five years actual practical ex- 
perience as coal miners. — Repeal. 

An Act to amend paragraph "^" of section four (4) of an act 
entitled "An act to provide for the examination of mine man- 
agers, and to regulate their employment,'" approved June 18, 
1891, in force July 1, 1891. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly : That paragraph "A" 
of section four (4) of an act to provide for the examination of 
mine managers, and to regulate their employment," approved June • 
18, 1891, in force July 1, 1891, be and the same is hereby amended 
to read as follows: 

Certificates of qualification or competency shall be conferred 
upon any citizen of the Unite 1 States who shall submir, to and 
satisfactorily pass an examination as to his fitness for the duties 



256 MINEES. 



and responsibilities o£ the position of mine manager as said ex- 
aminers shall provide: Provided, said person applying to be 
qualified as mine manager shall have actually served and worked 
for at least four years as a practical coal miner, and said certifi- 
cates of qualification or competency shall be conferred upon any 
citizen of the United States who shall present satisfactory evidence 
of having had at least four years of practical experience as a coal 
miner, and, of having served as mine manager continuously and 
satisfactorily for the same person, firm or corporation for one 
year, and all persons in this State, holding certificates of service, 
as provided in the act relating to examination of mine managers 
before this amendment, shall be entitled to have said certificates 
of qualification or competency conferred upon them, and it shall 
be the duty of the State Board of Examiners to so confer said 
certificate, which shall entitle and empower the holder thereof to 
act in the capacity of mine manager of any mine and for any 
person, firm or corporation in the State of Illinois. 

All acts or parts of acts in conflict with this act are hereby 
repealed. 

Approved June 21, 1895. 



TO PROHIBIT THE USB OF CERTAIN OILS IN COAL MINES. 



§ 1. Only pure animal or vegetable oil 'to be 
used for illuminating purposes — Test — 
Branding. 



§ S. Violation— Penalty. 



An Act to prohibit the use of certain oils in coal mines, and 
penalties for inp^action of same. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That only a pure 
animal or vegetable oil, or other oil as tree from smoke as a 
pure animal or vegetable oil, and not the product or by-product 
of rosin, and which shall on inspection comply with the following 
test, shall be used for illuminating purposes in the mines of this 
State: All such oil must be tested at' 60 degrees Fahrenheit. 
The specific gravity of the oil must not exceed 24 degrees Taglia- 
bue.. The test of the oil must be made in a glass jar one and 
five tenths inches in diameter by seven inches in depth. If the 
oil to be tested is below 45 degrees Fahrenheit in temperature, it 
must be heated until it reaches about 80 degrees Fahrenheit, and 
should the oil be above 45 degrees and below 60 degrees Fahren- 
heit, it must be raised to a temperature of about 70 degrees 
Fahrenheit, when, after being well shaken, it should be allowed 
to cool gradually to a temperature of 60 degrees Fahrenheit, 
before finally being tested. In testing the gravity of the oil, the 
Tagliabae hydrometer must be, when possible, read from below, 
and the last line which appears under the surface of the oil shall 
be regarded as the true reading. In case the oil under test should 



MINERS. 257 



be opaque or turbid, one-half of the capillary attraction shall be 
deemed and taken as the true reading. Where the oil is tested 
under difficult circumstances, an allowance of one half degree may 
be made for possible error in parallax before condemning the oil 
for use in the mine. All oil sold to be used for illuminating 
purposes in the mines of this State shall be contained in barrels 
or packages branded conspicuously with the name of the dealer^ 
the specific gravity of the oil, and the date of shipment. It is 
provided, however, that any material that is as free from smoke 
and bad odor, and of equal merit as an illuminant as a pure 
animal or vegetable oil, may be used at the pleasure of mine 
operators and miners. 

§ 2. Any person or persons, firm or corporation which ships 
any oil contained in any barrel or barrels, package or packages, 
which are not branded as prescribed in section one of this act, 
said oil to be used for illuminating purposes in coal or other 
mines, and any person or persons, firm or corporation which sells 
any oil other than that prescribed in section one, to be used for 
illuminating purposes in coal or other mines, and any person or 
persons, firm or corporation having in charge the operation or 
running of any mine which, in a mine under his or its charge, 
uses or permits the use of any oil other than that prescribed in 
section one and any miner or mine employe who uses, with a 
knowledge of its character, in any mine of this State, any oil other 
than that described in section on^ of this act, shall be fined not less 
than five nor more than fifty dollars, and any individual, firm, company 
or corporation which sells any oil other than that prescribed in section 
one of this act, in a quantity exceeding five barrels at one sale, to be 
used for illuminating purposes in coal or other mines, shall be 
fined not less than twenty-five nor more than one hundred dollars. 
Justices of the peace shall have jurisdiction to try any violations 
of this act. Every person convicted of a second or other offense 
against this act, in addition to the fine before provided shall be 
sentenced to the county jail for not less than ten days nor more 
than ninety days. It shall be the duty of the inspector of mines 
in each district to notify the State's Attorney of the respective 
county of any violations of the above provisions. And the State's 
Attorney shall prosecute as in other cases of misdemeanors. 

Appeoved April 30, 1895 



17. 



258 MINERS. 



VENTILATION OF MINES. 

§ 1. Amends section four of the amended act of 1879 by inserting provisions respecting the filling 
of cartridges and firing of shots. 

An Act io amend section four (4) of an act eniUled "An act pro- 
viding for the health and safety of persons employed m coal 
mines" approved May 28, 1879, in force July 1, 1879; as 
amended by acts approved June 18, 1883, and June 21, 1883, in 
force July 1, 1883; as amended by aii act approved June 30, 
1885, in force July 1, 1885; as amended by an act approved 
June 16, 1887, in force July 1, 1887 ^ and as amended by an 
act approved June 4, 1889, in force July 1, 1889. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section four 
(4) of an act entitled "An act providing for the health and safety 
of persons employed in coal mines," approved May 28, 1879, in 
force July 1, 1879; as amended by acts approved June 18, 1883, 
and June 21, 1883, in force July 1, 1883; as amended by an act 
approved June 30, 1885, in force July 1, 1885; as amended by an 
act approved June 16, 1887, in force July 1, 1887, and as amended 
by an act approved June 4, 1889, in force July 1, 1889, be 
amended so as to read as follows, viz.: 

Section 4. The owner, agent or operator of every coal mine, 
whether operated by shaft, slope or drift, shall provide and maintain 
for every such mine a good and sufficient amount of ventilation for 
such men and animals as may be employed therein, the amount of 
air in circulation to be in no case less than one hundred cubic 
feet for each man and six hundred cubic feet for each animal, per 
minute, measured at the foot of the downcast, and the same to be 
increased at the discretion of the inspector according to the char- 
acter and extent of the workings, or to the amount of powder used 
in blasiing, and said volume of air shall be forced and circulated 
to the face of every working place throughout the mine, so that 
such mine shall be free from standing powder smoke and impure 
gases of every kind. All doors set on main entries for the pur- 
pose of conducting the ventilation, shall be so constructed and 
hung as to close of themselves when .opened, and shall be made 
sufficiently tight to effectually obstruct the air currents. In all the 
larger mines a boy or trapper shall be kept in attendance upon 
such doors, to see that they are kept securely closed, and the air 
currents properly controlled. Whenever the inspector shall find 
men working without sufficient air, or under any unsafe conditions, 
he shall first give the operator a reasonable notice to rectify the 
same, and upon his refusal or neglect so to do, may himself order 
them out until said portions of said mine shall be put in proper 
condition. All mines in which men are employed shall be exam- 
ined every morning by a duly authorized agent of the pioprietor, 
to determine whether there are any dangerous accumulations of 
gas, or lack of proper ventilation, or obstructions to roadways, or 
any other dangerous conditions, and no person shall be allowed to 



MINEKS. 259 



enter the mine until such examiner shall have reported all of the 
conditions safe for beginning work. Sach examiner shall make a 
daily record of the condition of the mine in a book keept for that 
purpose, which shall be accessible at all times for examination by 
the men employed in and about the mine and by the inspector. 
The currents of air in mines shall be so split as to give a separ- 
ate current to at least every one hundred (100) men at work, and 
the inspector shall have discretion to order a separate current for 
a smaller number of men if special conditions render it necessary. 
In case the gallaries, roadways or entries of any mine are so dry 
as to become filled with dust, the operators of such mines shall be 
required to have such roadways regularly and thoroughly sprinkled, 
and it shall be the duty of the inspector to see that in all mines 
every practicable precaution shall oe taken against accidents from 
the careless handling of powder within the mine, and in no case 
shall more powder be stored in the mine, at any one time, than in 
the discretion of the inspector is necessary for each day's use. It 
shall be unlawful for coal miners in any mine to charge a blast- 
ing hole with loose powder, or otherwise than with a properly con- 
structed cartridge, and in dry and dusty mines to load cartridges 
except with a powder can constructed for the purpose, nor shall 
any miner fill a cartridge from a keg or powder can or handle 
loose powder in any manner whatever with his lamp in line with 
the air current passing the powder, nor shall his lamp be less 
than three feet horizontally from the powder that he is handling. 
Every miner about to fire a shot shall, before firing, see that all 
other persons are out of danger from the probable effects of such 
shot, and shall take means to prevent any person approaching the 
place until such shot has exploded and immediately before firing 
shall shout "fire." No person shall return to a missed shot within 
fifteen ( 15 ) minutes, unless the firing is done by electricity, and 
then only when the wires are disconnected from the battery; nor 
shall a second shot be fired in a working place where the roof is 
broken or faulty, until the smoke from the previous shot has 
cleared away and the roof been examined. It shall be unlawful 
for the owner, agent or operator of any mine to permit miners to 
work in said mines with tools prohibited by law. It shall be unlawful 
for any operator or agent of a coal mine to employ persons under- 
ground, whose duties may involve contact with inflammable gases 
or the handling of explosives, who have not had experience in such 
duties, unless all such employes are placed under the immediate 
charge and instruction of such a number of competent men as to 
secure the safety of other persons employed in the same mine. 
The ventilation required by this section may be produced by any 
suitable appliances, but in case a furnace shall be used for ven- 
tilating purposes, it shall be built in such a manner as to prevent 
the communication of fire to any part of the works, by lining the 
upcast with incombustible material for a sufficient distance up 
from said furnace: Provided, that it shall not be lawful to use 
a furnace for ventilating purposes or for any other purpose, that 



260 MORTGAGES. 



shall emit smoke into any compartment constructed in or adjoin- 
ing any hoisting shaft or slope where the hoisting shaft or slope 
is the only means provided for the ingress or egress of persons 
employed in said coal mines. It shall be ualawful, where there is 
but one means of ingress and egress provided at a coal shaft or 
slope, to construct and use a ventilating furnace that shall emit 
smoke into a shaft as an upcast, where the shaft or slope used as 
a means of ingress and egress by persons employed in said coal 
mines is the only means provided for furnishing air to p rsons 



employed therein. 

Appeoved June 21, 1895. 



MOETGAGES. 



CHATTEL MORTGAGES. 

§ 1. Notes secured by chattel mortgages so to I §2. Sales under power contained in chattel 
state upon their faces — Defenses. I mortgages. 

An Act to regulate the assignment of notes secured hy chattel 
mortgages and to regulate the sale of property under the 
power of sale contained in chattel mortgages. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented, in the General Assembly: That all notes 
secured by chattel mortgages shall state upon their face that they 
are so secured, and when assigEed by the payee therein named, 
shall be subject to all defenses existing betweea the payee and 
the payor of said notes the same as if said notes were held by 
the payee therein named, and any chattel mortgage securing notes 
which do not state upon their face the fact of such security shall 
be absolutely void. 

§ 2. That all sales of personal property under the power of 
sale contained in any chattel mortgage, shall be made in the 
county where the mortgagor resides, or where the property is 
situated when mortgaged. If there are more than one mortgagor, 
then in the county where the mortgagor in possession of the 
property resides at the time of taking possession by the morgagee, 
and in every case where the mortgagor can be found or his or 
her postoffice address can be ascertained, notice of the time and 
place of said sale shall be given to one or more of the mortgagors 
three days prior to said sale and by posting a copy of said notice at 
the place where said goods secured by said mortgage are located 
at least three days prior to said sale, and upon the making of 
said sale the mortgagee shall make out a statement showing the 
items of personal property sold, the names of each purchaser and 
the amount for which each article sold, and also an itemized 
statement of the necessary reasonable expenses incurred in taking, 
keeping and selling said property, and shall deliver the same to 



NEGOTIABLE INSTRUMENTS. 261 



the mortgagor or some one of them in person or by mail, and if 
he fails so to do within ten days after said sale, the owner of 
said property may sue for and recover one-third of the value of 
the property so sold, from the mortgagee or person making said 
sale as assignee of said mortgagee: Provided, that nothing in 
this act shall apply to the sale of furniture by regular dealers on 
the so-called installment plan. 

Approved June 21, 1895. 



NEGOTIABLE INSTEUMENTS. 



DAYS OF GRACE. 



§ 1. Amends the amended act of 1874 as 
follows : 

§ 15. Abolishes days of grace. 



§ IT. Legal holidays— Provides that notes, 
etc., maturing thereon shall become 
due on the succeeding instead of pre- 
ceding day. 



An Act to amend sections 15 and 17 of an act entitled, "Aii act 
to revise the law in relation to ijromissory notes, bonds, due- 
hills and other instruments in loritrng^ approved March 18, 
1874, in force July 1, 1874, as amended by act approved June 
17, 1891, in force July 1,1891. > 

Section 1. Be it enacted by ilie People of the State of Illinois, 
represented in the General Assembly : That sections 15 and 17 of 
an act entitled "An act to revise the law in relation to promissory 
notes, bonds, due-bills and other instruments in writing," approved 
March 18, 1874, in force July 1, 1874, as amended by act ap- 
proved June 17, 1891, in force July ], 1891, be, and the same are 
hereby, amended to read as follows, viz. : 

Section 15. No promissory note, cheque, draft, bill of exchange, 
order or other negotiable or commercial instrument, shall be en- 
titled to days of grace, but shall be absolutely payable at maturity. 

§ 17. The following days, to-wit: The first day of January, 
commonly called New Year's day; the twenty -second day of Feb- 
ruary; the thirtieth day of May; the fourth day of July; the 
twenty-fifth day of Dacember, commonly called Christmas day; 
the first Monday in September, to be kno vn as Labor day; the 
twelfth day of February; and any day appointed or recommended 
by tha Governor of this State or by the President of the United 
States, as a day of fast or thanksgiving, are hereby declared to 
be legal holidays, and shall, for all purposes whatsoever as re- 
gards the presenting for payment or acceptance, the maturity and 
protesting and giviag notice of the dishonor of bills of exchange, 
bank checks and promissory notes or other negotiable or com- 
mercial paper or instruments, be treated and considered as is the 
iirst day of the week, commonly called Sunday. When any such 
holidays fall upon Suaday, the Monday next following shall be 



262 NEGOTIABLE INSTRUMENTS. 



held and considered such holiday. All notes, bills, drafts, checks 
or other evidence of indebtedness, falling due or maturing on 
either of said days shall be deemed as due or maturins; on the 
day following, and when two (2) or more of these days come to- 
gether, or immediately succeeding each other, then such instru- 
ments, paper or indebtedness shall be deemed as due or having 
matured on the day following the last of such days. 

Approved June 4, 1895. 



LIABILITY OF ASSIGNORS AND HOLDERS. 

§ 3. Judgment. 



S 1. Amends section? of the act of 1874 — Rights 
of lawful holders of and liability of part- 
ners to promissory notes payable in 
money to be hereafter governed by law 
merchant — Other notes. 

I 2, Persons severally liable may be included 
in same suit. 



§ 4. Release of Judgment against drawer or 
endorser severally sold— Enforcement 
as against other parties. 

§5. Joint liability — "When all defendants not 
served with summons— Proceedings. 



An Act to amend section VII of "An act to revise the laics in 
relation to promissory notes, bonds, due hills and other instru- 
ments in wilting,'' approved March 18, 1874. and to regulate 
the conduct of suits for enforcing payment of certain negotia- 
ble instruments on which parties are jointly or severally liable. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section VII of "An 
act to revise the law in relation to promissory notes, bonds, due 
bills and other instruments in writing," approved March 18, 1874, 
is hereby amended so as to read as follows: 

The rights of the lawful holders of promissory notes payable in 
money, and the liability of all parties to or upon said notes shall 
be the same as that of like parties to inland bills of exchange ac- 
cording to the custom of merchants. Every assignor of every 
other note, bond, bill or other instrument in writing mentioned in 
section III of this act, shall be liable to the action of the assignee 
or lawful holder thereof, if such assignee or lawful holder shall 
have used due diligence by the institution and prosecution of a 
suit against the maker thereof, for the recovery of the money or 
property due thereon, or damages in lieu thereof. But it' the in- 
stitution of such suit would have been unavailing, or the 
maker had absconded or resided without or had left the State 
when such instrument became due, such assignee or holder may 
recover against the assignor as if due diligence by suit had been 
used. 

§ 2. Persons severally liable upon bills of exchange or promis- 
sory notes, payable in money, may all or any of them severally be 
included in the same suit at the option of the plaintiff, and judg- 
ment rendered in said suit shall be without prejudice to the rights 
of the several defendants as between themselves. 



NEGOTIABLE INSTRUMENTS. 263 



§ 3. In any suit mentioned in the preceding section, a separate 
judgment may be entered by default against any defendant or de- 
fendants severally liable who have been duly served with sum- 
mons, and against whom the plaintiff would have been entitled to 
judgment had the suit been against such defendant or defendants 
only. The suit shall thereby be severed, and shall proceed to trial 
against the other party or parties in the same manner as if it had 
been commenced against such other party or parties only, and if 
the plaintiff recover, judgment shall be entered against such one 
or more of the defendants as are found liable to him, but in no 
event shall the plaintiff be entitled to more than one satisfaction. 

§ 4. Whenever the drawer or endorser of an accepted bill of 
exchange, or the endorser or guarantor of a promissory note shall 
have been joined with the acceptor of said bill or th'^ maker of 
said note in a suit to enforce the collection thereof, and judgment 
has been recovered against any such drawer, endorser or guaran- 
tor who shall thereafter pay the same, the person so paying shall 
be entitled to have the judgment released as to him, but the same 
shall, at his option, stand and may be enforced by execution under 
the order of the couft against any other party thereto who re- 
mains liable to the party paying as upon said bill or note, for 
the reimbursement of the party so paying. If there be any con- 
test as to such liability the court may order an issue to be made 
up between the contesting parties, which shall be summarily de- 
termined as the court may direct. ^ 

§ 5. In all suits on negotiable instruments where any of the 
defendants are jointly liable, and only one or more, but not all 
of them, have been served with summons, if the plaintiff recover, 
judgment shall be entered in form against all the defendants so 
jointly liable, but so far only as that it may be enforced against 
the joint property of all and the separate property of the defend- 
ants served. 

Approved June 4, 1895. 



REDEMPTION OF TIME CHECK OR STORE ORDER. 
§ 1. Compels the redemption of time checks and store orders in currency— Penalty. 

An Act to prevent extortion and compel the payment of debts 
contracted for labor, in bankable currency. 

Section 1. Be it enacted by the People of the Stcde of Illinois, 
represented in the General Assembly: That any time check or 
store order issued or given as compensation for labor performed, 
shall be redeemable, at the option of the person to whom the 
same was issued or given or upon his written order, in ba-iikable 
currency. Any person who violates this act shall be deemed 
guilty of a misd-^meanor, and shall be punished by a fine not to 
exceed one hundred (100) dollars or confined in the county jail 
not to exceed thirty (30) days or both in the discretion of the 
court. 

Approved June 21, 1895. 



2G4 



PAEKS. 



PAEKS. 



BOKDS FOR THE C03IPLETI0N AND IIVIPROVEMENT OF PARKS AND BOULEVARDS. 



§^- 



Corporate authorities of any town in- 
cluded within limits of any city and co- 
extensive with park district authorized 
to issue bonds not exceeding $600,000 — 
Annual tax. 

Bonds — How Issued— Attestation, denom- 
ination, Interest, registration and sale 
of — Violation of act— Penalty. 



§ 3. Principal and interest on bonds— How 
paid— Sinking fund. 

§ 4. Maturltj'. 

§ 5. Purchaseof bonds by park commissioners. 

§ 6. Emergency. 



An Act to authorize the corporate authorities of towns to issue 
bonds for the completion and improvement of public parks and 
boulevards, and to provide a tax for the payment of the s,ame. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in any town which is 
now included within the limits o£ any city in this State where 
the boundaries and limits of any such town are cc-extensive with 
the boundaries and limits of any park district in which a board 
of park commissioners shall now exist, having authority by law to 
acquire, hold, improve and maintain land and the appurtenances 
in trust for the inhabitants of such town, and of a division or 
part of such city and for such parties or persons as miay succeed 
to the rights of such inhabitants, and for the public as a public 
promenade and pleasure ground and ways, but not for any other 
use or purpose without the consent of a majority, by frontage of the 
owners of the property fronting the same, and without^ the power 
to sell, alienate, mortgage or encumber the same, the corporate 
authorities of such town (meaning the town supervisor, clerk and 
assessor thereof) shall have authority, and such corporate author- 
ities of any such town are hereby empowered, upon the written 
request to that effect of any board of park commissioners or the 
successors thereof, which shall now exist within any such town, to 
issue bonds in the name of such to w.n to an amouat not exceeding 
in the aggregate the principal sum of six hundred thousand dol- 
lars, and such bonds, when so issued by such corporate authorities, 
shall be delivered to such board of park commissioners to be by 
them sold in the manner hereinafter provided, and the proceeds 
thereof used for the improvement of any land now held, controlled 
and maintained by any such board of park commissioners for 
park and boulevard purpose: Provided, that the total indebted- 
ness of such town including the said sum of nine hundred thousand 
dollars hereby authorized to be issued, shall not exceed five per 
centum of the value of the taxable property of such town, as 
ascertained by the last assessment for State and county taxes 
previous to issue of any such bonds. And such corporate author- 
ities of any such town shall, in addition to the amount of any tax 
now authorized by law to be levied and collected for park and 
boulevard purposes in any such town, levy and collect annually a 
tax not to exceed one and one-half mills on the dollar upon the 
taxable property in any such town, according to the valuation of 



PARKS. 265 



the same as made for the purposes of State and couoty taxation; 
such tax to be used and expended by such board of park commis- 
sioners in governing, maintaining and improving such parks and 
boulevards or pleasure ways, and in paying the inteiest and prin- 
cipal of such bonds and other necessary and incidental expenses 
incurred in and about the management of any such parks and 
boulevards. Neither the bonds hereby authorized to be issued for 
the pupose aforesaid, nor the proceeds thereof, shall be used by 
such board of park commissioners for any other purpose than the 
improvement of the lauds now held, controlled and maintained by 
such board of park commissioners. Nor shall any portion of the 
money derived from the sale of said bonds be used or expended 
by such board of park commissioners in the improvement, mainte- 
nance, control or repair of any boulevard or pleasure way which 
has been or may hereafter be made into boulevards or pleasure 
ways from pre-existing streets, but all of the proceeds of the sale 
of such bonds shall be used and expended exclusively in the im- 
provement of the lands acquired and maintained by any such 
board of park commissioners by means and from sources other 
than the transfer of any street or streets by the common council 
of any municipal corporation, to the management and control of 
any such board of park commissioners. 

§ 2. Such bonds shall bs issued by the corporate authorities 
of such town as aforesaid, in the name of ^ said town, upon the 
request in writing of any such board of park commissions or a 
majority of the members thereof. Said bonds shall be signed by 
the said corporate authorities, in the name of said town, and when 
so signed shall be delivered by such corporate authorities to such 
board of park commissioners, who shall,* before disposing of the 
same, endorse upon each oae of such bonds a certificate to the 
effect that such bonds have been issued by the corporate authori- 
ties of such town, upon the reqaisition of such board of park 
commissioners for the issue of such bonds by the corporate au- 
thorities of such town, and suah certificate, so to be endorsed upon 
each one of sacli boads, shall bs evidence that due requisition for 
the issue of such bonds has been made by sach board of park 
commissioners upon the corporate authorities of such town as 
aforesaid. Such certificate so to be endorsed upon said bonds 
shall be sigaed by the president, treasurer, auditor and sesretary 
of sucti boirdof park commissioners. The said bonds may be of 
the denomination o£ twenty-five dollars, and of any multiple 
thereof. Taey shall bear interest at a rate not exceeding five per 
ce itum par annum, to be paid semi-annually, and to be evidenced 
by oupons thereto attached, and the principal shall be payable 
at sush place and at such time, not exceeding twenty years from 
the date of the issue of such bonis, as such board of park com- 
missioners may determine. Such bonds shall be numbered in 
regular series and shall be registered upon the records of such 
board of park commissioners, which registry shall show the num- 
ber of the bonds, the amount of each bond, when the same is 
payable, -to whom the same shall be payable, and the rate of in- 



266 PARKS. 



terest payable thereon: Provided, however, that sach bonds may 
be made payable to bearer, or to the order of such persoi or per- 
sons as may be natned therein, and when any of such bonds shall 
be made payable to bearer they shall pass by delivery, and pro- 
vision shall be made by such board of park commissioners for the 
second registry of such bonds in the office of such board of park 
commissioners, at the option of the holder and in his name, and 
after a second registry of any of such bonds they, together with 
any bonds made payable to any particular person or persons, shall 
pass only by endorsement and delivery. None of such bonds 
shall be sold by such board of park commissioners for less than 
the par value thereof and the accrued interest thereon at the date 
of sale. And such board of park commissioners are hereby em- 
powered to require of the treasurer of any such board a bond, 
with security to be approvtd by the circuit court of the county 
in which such parks and boulevards or pleasureways may be 
located, sufficient in amount and penalty to protect and save harm- 
less any such board of park commissioners from loss of any 
money or sums of money which may or shall, from time to time, 
come into the hands of the treasurer of any such board of park 
commissioners from the sale of any of the bonds issued and sold 
under and by virtue of the provisions of this act. Any person 
who shall knowingly violate or aid and abet in the violation of 
any of the provisions of this act, shall be deemed guilty of em- 
bezzlement and shall be liable to indictment, trial and punishment 
as in other cases of embezzlement. 

§ 3. For the purpose of providing for the payment of the in- 
terest on such bonds as it falls due, and also to pay and dis- 
charge the principal thereof as the same shall mature, any such 
board of park commissioners are hereby required each year ta 
appropriate from any annual park tax not heretofore specifically 
approprialed by law, which may now or hereafter be authorized 
and directed to be levied upon the taxable property in any such 
town, whether the same be knowji as "boulevard and park tax" 
or otherwise, a sum sufficient to meet the interest upon such bonds 
as it may accrue, and to provide a sinking fund for the purpose 
of paying the principal of such bonds as they shall mature or 
become due, according to the provisions of this act. 

§ 4. Any and all bonds which shall be issued in accordance 
with the provisions of this act shall contain the condition that,. 
upon the expiration of five years after the date of such bonds, 
and upon the expiration of each successive year thereafter, such 
board of park commissioners shall, at an open meeting of the 
board of such park commissiov.ers, select by lot so many and such 
an amount of such bonds as may be required to absorb the sink- 
ing fund hereinbefore provided, and the principal of the bonds so 
selected shall become due and payable at the date of the next 
installment of interest maturing on the several bonds so selected 
from time to time, and shall cease to bear interest after they sev- 
erally become due and payable, by reason of such selection. Such 



PARKS. 



267 



board of park commissioners, immediately after making such selec- 
tion, shall make and sign in duplicate a statement of the result 
thereof, and shall file one copy thereof in the office of the town 
clerk of such towa, and the other copy shall be filed in the office 
of the county clerk of the county in which any such town shall 
be located, and it is hereby made the duty of such board of park 
commissioners to pay and discharge the principal of the bonds 
selected, at the date of the next installment of interest maturing 
on the bonds so selected, from the sinking fund hereinbefore pro- 
vided for that purpose. 

§ 5. Any such board of park commissioners is hereby empow- 
ered, after the expiration of one year and at any time before' five 
years from the date of any bonds authorized to be issued accord- 
ing to the provisions of this act, to purchase a sufficient number 
and amount of such bonds then outstanding as will absorb the 
annual sinking fund required by the provisions of this act: Pro- 
vided, that such board of park commissioners shall not be author- 
ized to pay for the bonds authorized by this section to be pur- 
chased, more than the fair market value thereof at the date of 
such purchase. 

§ 6. Whereas, thete is a necessity for the immediate construc- 
tion of the improvements contemplated in this act, therefore an 
emergency exists, and this act shall take^ effect and be in force 
from and afte" its passage. 

Appkoved June 21, 1895. 



DRIVEWAY AND PARK DISTRICTS. 



§ 1. Amends the act of 1893 as follows: 

§ 7. Board of trustees empowered to take, 
control and regulate streets, etc. 



§ 8. May acquire lands by gift, grant, devise- 
orpu rehaee— General taxation— Indebt- 
edness limited. 

§ 13. Designates time for holding annual 
election for president and trustees. 



An ACT to amend sections seven (7), eight (8) and twelve {12} 
of an act entitled "An act to provide for the creation of pleasure 
driveway and park districts," approved June 19th, 1893, and in 
force July 1st, 1893. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That sections seven 
(7), eight (8) and twelve (12) of an act entitled "An act to pro- 
vide for the creation of pleasure driveway and park districts," ap- 
proved and ia force July 1st, 1893, ba, and the same are hereby, 
amended to read as follows to- wit: 

Section 7. The board of trustees of any pleasure driveway and 
park district organized under this act, shall have power within 
the jurisdictioa ot: such pleasure driveway and park districts, to- 
designate by ordinance the whole or any part of two or more 
streets^ roads, avenues, boulevards or high ways under the jurisdic- 



268 PAKKS. 



tion of any city, town or village, within the boundaries of said 
district, as a Dublic driveway, to be used for pleasure driving only, 
and to improve or maintain the same, and also to lay out, estab- 
lish, open, alter, widen, extend, grade, pave or otherwise improve 
and maintain such streets, roads, avenues, boulevards or highways, 
and designate the same as pleasure driveways, to be used for 
pleasure driving only. The corporate authorities of such pleasure 
driveway and park districts may, by ordinance, regulate, restrain 
and control the speed of travel upon the same, and in all things 
may regulate, restrain and control the use of said pleasure drive- 
way and parks by the public or individuals, and may exclude 
therefrom funeral processions, hearses and traffic teams and vehi- 
cles, so as to free the same from any and all business traffic or 
objectionable travel, and may prescribe by ordinance such fines 
and penalties for the violation thereof as cities and .villages are 
allowed by law to prescribe for the violation of ordinances: Pro- 
vided, that any and all roads, .highways, avenues, pleasure drive- 
ways, boulevards and parks lying wholly or in part within the 
corporate limits of any city, town or village situated within any 
pleasure driveway and park district organized under this act shall 
first, from and after the organizatioa of such district by ordinance 
of the corporate authorities of such' city, town or village, be 
turned over and placed under the control of the board of trus- 
tees of any such pleasure driveway and park district, and accept- 
ed by ordinance by such district. Power is also hereby conferred 
upon any pleasure drivew9,y and park district organized under 
this act, to lay out, extend, maintain and improve pleasure drive- 
ways and boulevards under the provisions of article 9 of an act to 
provide for the incorporation of cities and villages, approved April 
10th, 1872, and in force July 1st, 1872, and all amendments there- 
to so far as the same may apply. The same provisions shall ap- 
ply to the collections of the assessments by installments, and for the 
issuing of bonds, and vouchers therefor as are provided in cases 
of special assessments of cities and villages m article 9 aforesaid, 
and amendments thereto, and also an act of the General Assem- 
bly entitled "An act to authorize the division of special assess- 
ments in cities, towns and villages into installments, and authoriz- 
ing the issue of bonds to anticipate the collection of the deferred 
installments," approved June 17th, 1893, and in force July 1st, 
1893. 

§ 8. Such pleasure driveway and park district created under this 
act, shall have power to acquire, by gift, grant, devise or purchase, or 
by condemnation under the act of eminent domain, any or all grounds 
or land necessai-y for building, laying out and maintaining any 
such pleasure driveways, boulevards and parks as such board of 
trustees may deem proper and shall also have the power to raise 
money by general taxation for the purpose of acquiring the right 
of way for laying out, building and maintaining any such drive- 
wavs, boulevards and parks, and may, by general taxation, raise 
sufficient money to jpay all necessary expenses incurred by said 



PARKS. 269 



board for engineer and attorney services, and for the purpose of 
keeping in repair, and paying policemen or other persons neces- 
sarily employed to guard, protect and maintain any such pleasure 
driveways, boulevards and parks within said district, and power is 
also hereby conferred upon said pleasure driveway, and park dis- 
trict to borrow money on the credit of the district, and issue bonds 
therefor in such amounts and on such conditions as it shall pre- 
scribe for the payment of land condemned or purchased for parks, 
boulevards and pleasure driveways, for the building, maintaining 
and improving the same, and for the payment of expenses in- 
cident thereto, but said district shall rot, unless authorized by a 
vote of the electors of such districts, as hereinafter provided, 
become indebted in any manner, nor for any purpose, to any 
amount, including existing indebtedness, in the aggregate to ex- 
ceed two and one-half (2^) per centum of the value of taxable 
property therein, to be ascertained by the equalized assessment 
for State and county taxes for the year 1894, but the said board 
of trustees may at any annual election in said district at which 
members of said board are voted for, also submit to the electors 
of said district the question of incurring a larger amount of in- 
debtedness and issuing bonds therefor, and in that case the amount 
of indebtedness to be incurred and the bonds to be issued shall 
be plainly printed on the ballots, and the ballots prepared for the 
voters at any election upon the question of such increase of in- 
debtedness or bond issue shall conform to the requirements of 
law for submitting amendments to the Constitution. If a majority 
of the electors voting at such election shall vote for the incurring 
of such incrfase of indebtedness or bond issue, the same shall 
thereby be fully authorized, but such further increase of indebtedness 
or the issuing of bonds shall in no case exceed, including existing 
indebtedness, the sum of five (5) per centum on the value of 
taxable property therein, to be ascertained by the last equalized 
assessment for State and county taxes previous to the borrowing 
of such money and issuing such bonds, and before or at the time 
of issuing such bonds, said board shall provide for the collection 
of an annual tax sufficient to pay the interest on such bonds as 
it falls due, and also to pay and discharge the principal thereof 
within twenty (20) years from the date of issuing of such bonds. 
All general taxes proposed by said board of trustees to be levied 
upon the taxable property within said district, shall be levied at 
the same time and in the same manner as taxes are now levied for 
city and village purposes under the laws of this State : Provided, 
the aggregate amount of taxes levied for any one year, exclusive 
of the amount levied for the payment of the interest on the 
bonded indebtedness, shall not exceed the rate of six (6) mills per 
centum upon the aggregate valuation of property within such dis- 
trict subject to taxation therein as the same was equalized for 
State and county taxes for the previous year. All moneys when 
collected under any of the provisions of this act shall be paid to 
the treasurer of said board of trustees for said district. 



■270 PARKS. 



§ 12. The regular annual election for president and trustees of 
any district organized under this act shall be held on the third 
Tuesday in May in each year after such organization, and the presi- 
dent and board of trustees shall give twenty (20) days' notice of 
such election, the purpose for which the same is held, appoint 
the polling place or places, and the judges and clerks of election, 
furnish the official ballots, and the election shall be conducted and 
the vote canvassed and the returns made to said board of trustees 
of any such district in the manner as is required of the presi- 
dent and board of trustees of incorporated villages in this State, 
acting under the general law for the incorporation of cities, vil- 
lages and towns. 

Approved June 17, 1895. 



DRIVEWAYS TO PUBLIC PARKS. 

§ 1. Amende section 1 of the amended act of 1885 by adding a provision empowering park com- 
missioners to abandon and surrender any street to the corporate authorities to whom it would 
revert, and to select and take other and different street. 

An Act to amend section one (1) of an act entitled ^'An act to 
enable park commissioners or corporate authorities to take, reg- 
ulate, control and improve public streets leading to public 
parks, to pay for the improvement thereof, and in that behalf 
to make and collect a special assessment or special tax on con- 
tiguous property," approved and in force April 9, 1879, as 
amended by an act approved June .27, 1885, and in force July 
1, 1885. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section one (1) of 
an act entitled "An act to enable park commissioners or corporate 
authorities to take, regulate, control and improve public streets 
leading to public parks, to pay for the improvement thereof, and 
in that behalf to make and collect -a special assessment or special 
tax on contiguous property," approved and in force April 9, 1879, 
as amended by an act approved June 27^ 1885, and in force July 
1, 1885, be, and the same is hereby, amended so as to read as fol- 
lows: 

Section 1. That every board of park commissioners shall have 
power to connect any public park, boulevard or driveway under 
its control, with any part of any inc irporated city, town or village, 
by selecting and taking any connecting street or streets or part 
thereof leading to such park, and shall also have power to accept 
and add to any such park any street or part thereof which adjoins 
and runs parallel with any boundary line of the same: Provided, 
that the streets so selected and taken so far as taken shall lie 
within the district or territory the property of which shall be tax- 
able for the maintenance of such parks: And provided, further, 
that the consent of the corporate authorities having control of any 



PARKS. 271 



such street or streets so far as selected and taken, and also the 
consent in writing of the owners of a majority of the frontage of 
the lots and lands abutting on such street or streets so far as 
taken shall be first obtained: And, provided, further, that every 
board of park commissioners who shall have exercised the power 
hereinabove granted to select and take streets or parts of streets 
for the purpose of connecting any public park, boulevard or drive- 
way under its control with any part of any incorporated city, town 
or village, shall have the power to abandon and surrender over 
any street or part of any street forming the whole or any part of 
such connection so made, to the proper corporate authorities of 
the city, village or town, respectively, to which the control of any 
such street or part of a street so abandoned would revert, and for 
the purpose of connecting the same points or of making any por- 
tion of such connection, to select and take in place of any streets, 
street or part of a street so surrendered any other and different 
streets, street or part of a street, which may be desirable and ex- 
pedient for making the said connection, but such power shall only * 
be exercised upon the consent first obtained of the proper corpo- 
rate authorities to whom the control of the streets, street or parts 
of a street, so far as abandoned would revert, and of the proper 
corporate authorities having control of the streets, street or part 
of a street, so far as proposed to be taken, and upon the consent 
in writing first obtained of the Qwners or a majority of the front- 
age of the lots and lands abutting on the streets, street or part of 
a street so far as abandoned, and upon the consent in writing first 
obtained of the owners of a majority of the frontage of the lots 
and lands abutting on the streets, street or part of a street, so far 
as proposed to be taken. 

Approved June 17, 1895. 



FOR THE ORGANIZATION OF PARK DISTRICTS AND TRANSFER OF SUB3IERGED 

LANDS. 



§ 1. Organization of park districts. 

§ 2. Petition for parli rliatrict — Election. 

§ 3. Election— Ballot. 

§ 4. Records. 

§ 5. When deemed organized— Commissioners 
— Powers. 

§ 6. Commissioners— Qualifications and resi- 
dence—Not to be interested in contract. 

§ T. Commissioners— Oath. 

§ 8. Terms of office— How decided. 

§ 9. Election of succeeding commissioners — 

Vacancy, etc. 
§ 10. Officers of board. 
§ 11. Commissioners— Corporate powers. 



§ 12. Records of board. 

§ 13. Proof of ordinances, etc. — In evidence. 

§14. Powers of park district. 

§ 15. Park district empowered to acquire land, 
riparian rights, etc. — Condemnation 
proceedings. 

§ 16. Submerged land— Keclaimatiou. 

§ 17. Damages. 

§ 18. Police powers. 

§ 19. Navigation not to be interfered with. 

§ 20. General tax— Levy and collection. 

§ 31. Apportionment of levy between two 
counties. 

§22. Levy of taxes— Limit. 



272 



PARKS. 



33. Local improvement — Special assesament. 

24. Township corporate authorities. 

25. Levy and collection of aesessment— Pro- 

ceedings. 

26. Duties of town clerk and township col- 

lector under this act. 



I 2 



Division of assessments — Provisions of 
act apply. 

28. Application of )noneys collected. 

29. The word "improvement" defined. 

30. Quorum of township corporate authori- 

ties. 



§ 31. Bonds authorized. 

§ 32. Issue of bonds. 

§ 33. Bonds — Attestation— Interest, etc. 

§ 34. Annual tax to pay interest on bonds. 

§ 35. Public street — May be taken under cer- 
tain conditions. 

§ 36. Parks and boulevards in city may be 
turned over to commissioners. 

§ 37. Rights reserved. 

§ 38. Adjoining territory— Annexation. 

§39. Benefits of act extended. 



An Act to pi'ovide for the organization of park districts and the 
transfer of submerged lands to those bordering on navigable 
bodies of ivater. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That any territory situated 
in the same county or in two adjoining counties under township 
organization and so lying as to form one connected area, no 
portion of which shall be already included in a park district or in 
a township whose corporate authorities are authorized by law to 
levy special taxes or special assessments to maintain a public park, 
may be organized into a park district for the establishment, con- 
struction and maintenance of public parks and boulevards in the 
manner following: 

§ 2. Any one hundred legal voters resident within the limits of 
such proposed park district, may petition the county judge of the 
county in which such territory ^ lies, or if it lie partly in two 
counties then the petition shall be addressed to the county judges 
of each of said counties, to cause the question to be submitted to 
the legal voters of such proposed park district, whether they will 
organize as a park district under this act; such petition shall 
clearly define the territory intended to be embraced in such dis- 
trict, and the name of such proposed district; upon the filing of 
such petition in the office of the county clerk of the county or 
counties in which such territory is situated, it shall be the duty 
of the county judge, or county judges if the proposed park dis- 
trict lie partly in two counties, to order an election to be held in 
such part of such proposed district as lies within his county, and 
in such order the said county judge or judges, as the case may be, 
shall fix the time and place or places within the boundaries of 
such proposed district, at which an election may be held to de- 
termine such question, and to elect five commissioners to serve as 
hereinafter provided, and the said judge or judges shall name the 
persons to act as judges at such election, and shall give twenty 
days' notice thereof, by causing notices to be posted in five public 
places within such proposed district and by causing said notice to 
be published in one or more papers, if there be any published in 
said district. 



PARKS. 273' 

§ 3. The ballots to be used at such election shall be in the fol^ 
lowing form: 

"For Park District." 

"Against Park District." 

"For Park Commissioners" 

r 



Names -| 



I 

The judges at such election shall make return thereof to the 
county judge of the county in which such election is held, the 
said judge shall canvass such returns and cause a statement of 
the result of such election to be entered on the records of the county 
court. When the territory proposed to be organized into a park 
district is situated in more than one township, then, at least one 
polling- place shall be located in each township or portion thereof 
included in silch territory, and ^no district shall be organized 
unless a majority of the votes cast in each township or portion 
thereof included in such territory are in favor thereof. 

§ 4. When the proposed district lies within two counties, the 
county judges of each of said counties shall cause to be trans- 
mitted to the clerk of the county court of the other county in 
which a part of said proposed district shall lie, a copy of such 
record, which copy, when so received, shall be spread upon the 
records of the county court receiving the same as the return of 
the vote cast in said county. 

§ 5. If the majority of the votes cast in each township in the 
part of said district in each county, where the same lies partly 
within two different counties, or if the majority of the votes cast 
in each township in said proposed district, where the same lies 
wholly in one county, shall be in favor of the proposed park dis- 
trict, such proposed park district shall thenceforth be deemed an 
organized park district under this act, and in that event, the five 
persons who shall have received the highest number of votes for 
commissioners cast at said election, shall be declared the commis- 
sioners of said district, and the said district so organized shall 
have the name designated and set forth in gaid petition, and by 
such name and style the same may sue and be sued, contract and 
be contracted with, acquire and hold real estate and personal 
property necessary for corporate purposes, and adopt a common 
seal and alter the same at pleasure, and such district shall con- 
stitute in law and equity a body corporate and politic and exer- 



274 PAEKS. 



cise the powers herein specified. All courts of this State bhall 
take judicial notice of the organization of said park district and 
of the election of said commissioners. 

§ 6. Each of the commissioners elected in any park district 
created under this act shall be a legal voter of, and reside within, 
such district, and where the same includes territory lying within 
two counties, no more than three of them shall be residents of 
the same county, and they shall receive no compensation as such 
commissioners. It shall be a misdemeanor for any commissioner 
to be directly or indirectly in any way pecuniar! y interested in 
any contract or work of any kind whatever connected with said 
park district. Neither of said commissiouers nor any person, 
whether in the employ of said board or otherwise, shall have 
power to create any debt, obligation, claim or liability, for or on 
account o£ said park district, or the moneys or property of the 
same, except with the express authority of said board of commis- 
sioners, conferred at a meeting thereof and duly recorded in a 
record of its proceedings. 

§ 7. Each of said commissioners before entering upon the 
duties oti his olfice shall take and subscribe an oath to well and 
faithfully discharge his duties as such commissioner, and shall 
give a bond in the penal sum of five thousand dollars to such 
park district, to be approved by the county judge of the county 
in which such commissioner resides, for the faithful discharge of 
his duty, which oath and bond shall be filed in the office of the 
clerk of the county in which such commissioner resides. 

§ 8. As soon after such board shall be constituted as afore- 
said, the members thereof shall decide by lot, at a meeting where 
all of said members are present, as to the respective term for 
which each shall hold office, the one drawing the longest term 
shall serve for five years, the one drawing the next longest term 
shall serve for four years, the one drawing the next longest term 
shall serve for three years, the one drawing the next longest term 
shall serve for two years, and the one drawing the shortest term 
shall serve for one year, respectively, from the next annual town- 
ship election after the organization of the district in which they 
are elected, or until their successors shall be duly elected and 
qualified, as hereinafter provided. 

§ 9. At the second regular township election in April, after 
the board of commissioners has been constituted as aforesaid, and 
annually thereafter, one commissioner shall be elected for the 
term of five years, or until his successor is elected and quali- 
fied; notice of the time and place or places of holding such 
election shall be given by the commissioners of such park district 
by posting written or printed notices in five of the most public 
places in the district, at least ten days prior to the election, and by 
publi-«hing the same in one or more newspapers, if there be any 
published in said district, the election shall be conducted in the 
same manner and the vote canvassed and the result declared as 



PARKS. 275 



for township officers. At least one polling place shall be located 
in each portion of a township included in any park district, and 
separate ballot boxes shall be used to receive the ballots cast for 
park commissioners, and separate returns of the votes cast with 
the ballots thereof shall be made to the president of the board of 
commissioners as nearly as may be in the manner now provided 
for making such returns to the town clerk, and said board shall, 
within five days after such election, canvass said returns and 
declare the result of said election and enter a record of such 
canvass and declaration upon its records: Provided, however, 
that this act shall not be construed as in any manner amending, 
modifying or repealing any of the provisions of an act entitled 
*'An act regulating the holding of elections and declaring the re- 
sult thereof in cities, villages and incorporated towns in this 
State," approved June 19, 1885. Nor shall the provisions of this 
act apply to or affect any city, village or incorporated town that 
has by vote of the electors thereof adopted the provisions of the 
act hereinabove mentioned in so far as the provisions of said act 
are in conflict herewith. Bat where any district organized under 
ihis act or portion thereof shall be located in such city, village or 
incorporated town, the election shall be conducted and the returns 
thereof made and declared in the same manner as is now provided 
where a township or portion thereof is located therein, except that 
any returns to be made to the town clerk or the corporate authori- 
ties of the township shall be made instead to the president and 
the board of commissioners of the district. Vacancies in the 
board by reason of removal from the district or otherwise may be 
filled by appointment by the remaining members of the board, 
such appointment to continue until a successor for the unexpired 
term has been elected and qualified; at the first annual township 
election after such vacancy occurs, a successor for the unexpired 
term shall be elected. 

§ 10. The board of commissioners shall elect from their number 
a president, who shall hold his office for one year, or until his 
successor shall be elected. They shall also appoint a secretary 
and a treasurer, neither of whom shall be membeis of the board, 
prescribe their duties, fix their compensation and term of office, 
and require such bonds as the commissioners deem necessary. 

§ 11. The commissioners elected in any park district created 
under this act shall constitute the corporate authoritips of such 
district, and a majority thereof shall constitute a quorum at any 
meeting thereof. They shall have power to pass all necessary 
ordinances, rules and regulations for the proper management and 
conduct of the business of said board and of said corporation, and for 
carrying into effect the objects for which said park district is formed. 
In addition to the officers above mentioned, they may employ such 
engineers, clerks and other employes, including a police force, as 
may be required. They shall have full power to manage and 
control all the officers and property of such district. 



216 PARKS. 



§ 12. Said board shall keep a regular book of records of all 
ordinances or other proceedings of said board, which book of 
record shall be open to the inspection of any person residing in 
said district at all reasonable and proper times. 

§ 13. All ordinances, orders and resolutions of said board may 
be proved by the certificate of its secretary under the seal of the 
corporation, and when printed in book or pamphlet form and 
purporting to be published by the commissioners, such book or 
pamphlet shall be received as evidence of the passage of such 
ordinances, orders and resolutions as of the dates mentioned in 
such publication in all courts or places without further proof. 

§ 14. Any park district organized under this act shall have 
power to acquire, lay-out, establish, construct and maintain parks 
and boulevards in said district, and provide boating basins in said 
parks, and have full power to control, manage and govern the 
said parks and boulevards and the use thereof. 

§ 15. Said park district shall have power to acquire by gift, 
grant or purchase, or by condemnation under the act of eminent 
domain, any and all real estate, lands, riparian estates or rights and 
all other property required or needed for any such park or boule- 
vard, or for extending, adorning or maintaining the same, and 
located within its territory. When condemnation proceedings are 
had, they shall conform as nearly as practicable to such proceed- 
ings by cities and villages, where the property condemned is to be 
paid for by general taxation, as set out in article 9 of chapter 34 
of the Eeviged Statutes of Illinois, and any amendments thereto. 

§ 16. When any park district created under this act borders 
upon any navigable body of water, the title to the bed or sub- 
merged land of which is vested in the State of Illinois, said dis- 
trict may take possession of, enclose, fill in, reclaim, and protect 
any portion of such submerged land bordering thereon, over which 
there shall be shoal and shallow water not fit for navigation, and 
shall have the power to establish, construct and maintain paiks 
and boulevards over and upon the same, and all right, title and 
interest of the Stale of Illinois in and to the bed or submerged 
land of such body of water, so taken possession of, enclosed, filled 
in and reclaimed is hereby granted and ceded to such park dis- 
trict and the title thereto shall vest in such park district to be 
held for the use and benefit of the public as a part of said park 
district for park and boulevard purposes exclusively, and said dis- 
trict shall have power for the purpose of reclaiming such sub- 
merged land and protecting the same thereafter to construct 
all necessary break- waters, or protection for the building and 
maintenance of such parks and boulevards, and the enclosing 
or reclamation of such submerged lands. Any such submerged 
lands so enclosed and reclaimed as aforesaid shall forever be 
held and maintained for park and boulevard purposes, and 
no portion thereof shall ever be granted or ceded away by 
any district for any purpose, and in case the same should 



PARKS. 277 



ever cease to be used for park or boulevard purposes, then the 
title to the same shall re-vest in the State of Illinois, together 
with all the improvements thereon and the appurtenances thereof. 

§ 17. Whenever the land so taken possession of, enclosed, filled 
in and reclaimed shall lie along property not belonging to such 
district, and by the taking possession of, enclosing and filling in 
such submerged land, such property shall be shut off from its 
access to such body of water and shall be injariously affected 
thereby, such district shall pay all damages arising to such prop- 
erty therefrom, and in case the same cannot be agreed upon, they 
shall be ascertained in the manner hereinbefore provided for the 
acquiring of property for such district by condemnation proceed- 
ings. 

§ 18. Whenever any district organized under this act is located 
along any such navigable body of water as aforesaid, the right is 
hereby given to the corporate authorities thereof to take charge of, 
control and police such body of water and the land thereunder for 
a distance of three hundred feet along any park, boulevard or 
pleasure drive constructed by it and bordering thereon. 

§ 19. Nothing in this act shall be construed as granting to any 
district, the ngbt to interfere with the navigation of any navigable 
body of water or to shut off the access to any public dock or 
landing thereon, or to shut off the access of public highways or 
streets to such body of water at reasonable intervals in each mu- 
nicipality bordering thereon in said district. 

§ 20. Any district created under this act is hereby empowered 
to levy and collect a general tax on the property in the park dis- 
trict for necessary expenses of said district and for the construc- 
tion and maintenance of the parks, boulevards and other improve- 
ments hereby authorized to be made. 

§ 21. When said district shall be located in two counties, the 
board of commissioners shall determine and certify the amount to 
be levied upon the taxable property lying in each coant}', and 
return the same to the respective county clerk of the county in 
which the same is to be levied: Provided, that in order to 
determine the amount to be levied upon the taxable property of 
that part of the district lying in each county, the board shall 
ascertain from the county clerks of the respective counties in 
which each district lies, the last ascertained equalized value of the 
taxable property of such district lying in their respective counties, 
and then shall ascertain the rate per cent, required, and shall 
apportion the whole amount to be raised between the several parts 
of the district so lying in the different counties accordingly. 

§ 22. All such general taxes when collected shall be paid over 
to the treasurer of the board of commissioners, who is authorized 
to receive and receipt for the same, and all taxes authorized to 
be levied by the corporate authorities of any park district created 
under this act on the taxable property in said district, shall be 
levied at the same time and in the same manner, as nearly as 



278 PARKS. 



practicable, as taxes are now levied for city and village purposes 
under the laws of this State: Provided, the aggregate amount of 
taxes levied for any one year, exclusive of the amount levied for 
the payment of bonded icdebtedness or interest thereon, shall not 
exceed the rate of four (4) mills on each dollar of taxable prop- 
erty in said district on the aggregate valuation as equalized for 
State and county taxes for the preceding year. 

§ 23. When any improvement to be made by said board is 
local in character and confined within the limits of a township of 
said district, and the said board shall deem it desirable that the 
same should be made by special assessment, it shall file a petition 
with the corporate authorities of the township in which the same 
is to be made, setting out the nature, character, locality and 
description of such improvement and an estimate of the cost of 
the same, iccluding labor, materials and all other expenses attend- 
ing the same, and the cost of making and levying the assessment 
and praying that said corporate authorities levy a special assess- 
ment. 

§ 24. The corporate authorities aforesaid shall consist of the 
assessor, supervisor and clerk of said township, and if, after due 
examination concerning the improvement prayed for, such corpo- 
rate authorities are of the opinion that a special assessment 
should be levied therefor, they shall pass a resolution to that 
effect, which resolution shall also specify the nature, character, 
locality and description of such improvement, and they shall pro- 
ceed to make an estimate of the cost of the same, including labor, 
materials and all other expenses attending the same, and the cost 
of making and levying the assessment, and shall cause said reso- 
lution and estimate to be spread upon the records of the miuates 
of the meeting at which the same was passed and made, and 
copies thereof, certified by the town clerk, shall be attached to 
the petition filed for the levying oi such assessment. 

§ 25. The proceedings for the levying and collecting of said 
assessment shall be the same as nearly as practicable as those pro- 
vided [for] in article 9, chapter twenty-four, of an act entitled, 
"An act to provide for the incorporation of cities and villages," 
approved April 10, 1872, in force June 1, 1872, and all amend- 
ments thereto so far as the same may apply. 

§ 26. The town clerk and township collector shall perform the 
duties in regard to the collection of said assessment provided in 
said article 9 to be performed by the city clerk and city col- 
lector respectively. 

§ 27. The same provisions shall apply to the collection of the 
assessment by installments and for the issuing of bonds and 
vouchers therefor as are provided in the cases of special assess- 
ments of cities and villages in article 9 aforesaid and the 
amendments thereto, and also an act of the General Assembly 
entitled, "An act to authorize the division of special assessments. 



PARKS. i79 



in cities, towns and villages into installments, and authorizing the 
issue of bonds to anticipate the collection of deferred install- 
ments," approved June 17, 1893, and in force July 1, 1893. 

§ 28. All moneys collected by virtue of such special assessment 
shall be paid over to the treasurer of the district in which the 
same is levied, and shall be expended only for the improvement 
aforesaid, in the portion of the district situated in the township 
in which the same shall be levied. 

§ 29, The word "improvement" as used herein shall include the 
condemnation of property for park and boulevard purposes. 

§ 30. A majority of the township corporate authorities afore- 
said shall constitute a quorum at any meeting for the transaction 
of any business relating to such special assessment. 

§ 81. For the payment of land condemned or purchased for 
parks or boulevards, for the building, maintaining, improving and 
protecting of the same and for the payment of the expenses inci- 
dent thereto, said district is authorized to issue the bonds of such 
park district, and may pledge its property and credit therefor to 
an amount including existing indebtedness of such park district so 
that the aggregate indebtedness of such park district shall not 
exceed three (3) per centum of the value of the taxable property 
therein, to be ascertained by the last assessment for State and 
county taxes previous to the issue from time to time of such 
bonds. 

§ 32. The issue of bonds by said commissioners snail be au- 
thorized by them only at a regularly convened meeting of the 
board by ordinance duly enacted and of record in the record of 
proceedings of such board, and a copy of the same properly cer- 
tified by the secretary shall be filed in the office of the clerk of 
the county wherein such park district lies. 

§ 33. Such bonds shall be issued, when authorized as aforesaid, 
in the name of the park district, to be signed by the president 
and treasurer and countersigned by the secretary, with his seal of 
office affixed; they shall bear interest at not exceeding five per 
cent, per annum, payable semi-annually, and the principal shall be 
payable at such time and place as may be determined by the 
board of commissioners, not exceeding twenty years. The com- 
missioners of such park district may sell said bonds at not less 
than par, and the proceeds thereof shall be used exclusively for 
the purpose in this act authorized. 

§ 34. For the purpose of providing for the payment of the in- 
terest on such bonds as it falls due, and also a sum sufficio.. t to 
pay and discharge the principal thereof at maturity, said park 
district and its corporate authorities are hereby authorized, required 
and directed to appropriate and levy (in addition to other taxes 
authorized by this act to be by them levied) an annual tax upon 
the taxable property in said district sufficient to provide for the 
said principal and interest t'.ierein mentioned. 



280 PAEKS. 



§ 35, Any public street, road or highway or portion thereof 
situated within the limits of any park district organized under this 
act may be taken charge of by said district, and improved and 
maintained by it as a pleasure drive or boulevard: Provided, that 
the consent of the corporate authorities having control of such street, 
highway or portion thereof shall be first obtained, and also the 
consent in writing of the owners of the majority of the frontage 
of the lots and lands abutting on the same. If such street, road, 
highway or portion thereof shall have already been set apart as a 
pleasure driveway or boalevard, tht^n such consent of said owners 
shall not be req[uired to set the same over to the park district. 
When such street, road or highway is under the charge of the 
highway commissioners of any township, they shall be held to be 
the corporate authorities having control of the same whose consent 
shall be obtained as aforesaid, 

§ 36. Any parks or boulevards in any municipality within the 
limits of a park district created under this act may, with the con- 
sent of such municipality, on the organization of said district, be 
turned over to and placed under the control of the commissioners 
thereof. In any park district created under this act, any and all 
lands fronting on a lake, now belonging to or uader the control of any 
city, town or village in said park district, with the riparian rights 
attaching thereto, shall be and are hereby appropriated for such 
park or parks, or boulevards, as are authorized to be made and 
established by this act, with the consent of the corporate authori- 
ties of such municipality. 

§ 37. To all municipalities lying within the limits of any park 
district created under this act, is hereby expressly reserved the 
right to lay and repair water and sewer pipe under the surface of 
any boulevard or park therein in the same manner and to the 
same extent it could have been done before the organization of 
such park district. 

§ ?8. Territory adjoining and in the same county with any 
park district organized under this act may be annexed to and 
become a part of such district in the manner following: Any one 
hundred legal voters, residents within the territory proposed to be 
annexed may petition the county judge of the county wherein the 
land proposed to be annexed lies, to cause the question to be sub- 
mitted to the legal voters of the territory proposed to be annexed 
whether they will be annexed and become a part of the adjoining 
park or district, and the petition shall set forth the name of the 
park district, and define the limits of the territory proposed to be 
annexed thereto. Upon the filing of the petition in the office of the 
county clerk of the county in which such territory is situated, it 
shall be the duty of the county judge of said county to order an 
election to be held in the territory proposed to be annexed, and 
in such order the said judge shall fix the time and place or places 
within the limits of the territory proposed to be annexed, for 
which an election may be held to determine the question of annex- 
ation, and the said jadsje shall name the persons to act as judges 



PARKS. 



281 



at such election, and shall give tweaty days' notice thereof, by 
causing notices to be posted in five public places within the ter- 
ritory proposed to be annexed to such district. The ballot to be 
used at such election shall be in the following form: 

"For Annexation" 

"Against Annexation" 

The judges at such election shall make return thereof to the 
county judge, who shall canvass such returns, and cause a state- 
ment of the result of such election to be entered on the records 
of the county court, and shall cause a certified copy of the state- 
ment of the result of such election to be transmitted to the com- 
missioners of said park district, which certified copy shall be by 
them spread upon their record; if a majority of the votes cast 
upon that question at such election shall l3e for annexation, then 
the commissioners cf such park district may, by ordinance 
duly passed, annex said territory to such park district, and the 
same shall thenceforth become and be a part of such district, the 
same as though originally included in said park district: Pro- 
vided, that when the territory proposed to be annexed includes 
more than one township or portions thereof, then such annexation 
shall not be made unless there shall be a majority of the votes in 
favor thereof in each township or portion thereof of such territory. 

§ 39. Any park district now or hereafter organized under the 
provisions of an act entitled "An act to provide for the creation 
of pleasure driveway and park districts," approved June 19, 1893, 
and in force July 1, 1893, may levy and collect special assess- 
ments in the manner provided for in this act. 

Appeoved June 24, 1895. 



THREE MILL TAX FOR PARK PURPOSES. 



§ 3. Authorizes submission of question 
at any general or special elec- 
tion — Notice— Emergency. 



§ 1. Amends the act of 1893 as follows: 

§ 1. To provide for 30 cents tax on 
each $100 instead of 3 mills on 
each $100, reduces the require- 
ment as to population from 
25, 000 to 5,000, and adds pro- 
vision prohibiting the inclusion 
of tax authorized in the aggre- 
gate amount of taxes limited 
by the general act for the in- 
corporation of cities and vil- 
lages. 

An Act io amend an act entitled "An act to provide for the as- 
sessment and collection of a general tax by cities for pai'ks 
and boulevard purposes,'' approved and in force June 17, 1893. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That sections one 
and three of an act entitled "An act to provide for the assessment 



282 



PAEKS. 



and collection of a general tax by cities for parks and boulevard 
purposes," approved June 17, 1893, be, and the same are hereby, 
amended so as to read as follows: 

Section 1. That the city council in cities having a population 
of not less than five thousand nor more than one hundred thou- 
sand inhabitants, to be ascertained by the last Dnited States census, 
whether incorporated under the general law .or special charter, 
shall have the power, by ordinance, to provide annually by taxa- 
tion a special fund, not to exceed thirty (oO) cents on each one 
hundred dollars' valuation of the taxable property within the 
corporate limits of said cities, to be assessed and collected in the 
same manner as the other general taxes for said cities are as- 
sessed and collected, to be used only for the purpose of purchas- 
ing land for parks and boulevards in and around such cities, and 
for opening, improving and maintaining the same: Provided, that 
the said annual park and boulevard tax shall not be included in the 
aggregate amount of taxes as limited by section one (1) of article 
eight (8), of "An act for the incorporation of cities and villages," 
approved April 10, 1872, and the amendatory acts thereto, or by 
any provision of any special charter under which any city in this 
State is now organized. 

§ 3. Nothing in this act contained shall authorize any city to 
levy or collect any tax herein provided for until the question of 
such levy shall have been submitted to the lesfal voters of such 
city at a general or special election and authorized by a majority 
of the votes cast at such election, and at least one week's public 
notice that such question will be so submitted at such election, 
shall be previously given by the mayor of such city, by publish- 
ing such notice in one or more of the newspapers of such city. 

Whereas, An emergency exists, therefore, this act shall take 
effect and be in force from and after its passage. 

Approved January 31, 1895. 



ENLARGEMENT OF PARKS V,Y RECLAIMING SUBMERGED LANDS. 



§ 1. Reclaiming submerged lands— Plans- Title 
to said lands. 

§ 2. Riparian rights. 

§ 3. Uses. 



§ 4. Cost— Special assessment. 

§ .5. Special assessment— Installments. 

§ 6 Bonds. 

S 7. Powers— Construction. 



An Act to enable park commissioners having control of any park 
bordering upon public waters in this State to enlarge the same 
from time to time, and granting submerged lands for the pur- 
pose of such enlargements and to defray the cost thereof. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in all cases where 
lands within specified boundaries bordering on public waters in 
this Stat<-> have bf^wn declared to be a public park, and where the 



PARKS. 283- 



commissioners of such park have been named in the act establish- 
ing the same, and their successors have since been appointed by 
the Governor of this State, the said commissioners of any such 
park shall have power from time to time in their discretion to 
enlarge the same by reclaiming submerged lands under said public 
waters in the followitg manner: Said board of commissioners upon 
deciding to make any such enlargement of said park shall prepare 
and adopt a plan of such enlargement and iu the same shall locate 
a boulevard or driveway over and upoa the bed of such public 
waters. The termini of such boulevard or driveway shall be within 
the district or territory the property of which shall be taxable for 
the maintenance of the park under the control of said board, and 
one at least of such termini shall be at or upon some driveway or 
boulevard already established and under the control of said board 
of commissioners. The said proposed boulevard or driveway shall 
be so located as not to interfere with the navigation of such 
pubic waters for the purposes of commerce. Said plan shall 
provide for such breakwater, seawall or other protection upon 
the water line of said boulevard or driveway as shall be necessary 
to sav^e the same from destruction or waste by water. Said 
plan shall also locate upon the submerged lands between the 
shore line of such public waters as it exists at the time said 
plan is prepared and adopted and the inner line of the proposed 
boulevard and driveway, such portions of the submerged lands to 
hold, use and improve for the purposes of a public park under its 
control and management. Said board of commissioners after the 
preparation and adoption of said plan shall make an estimate of 
the cost of the construction of said boulevard and driveway and 
the filling in and reclamation of all the submerged lands lying 
between the inner line of said boulevard and the shore line of such 
public waters. Thereupon the title of such submerged lands over 
w hicli the said boulevard or driveway is located, and of the said sub- 
merged lands between said boulevard as located and the shore line, 
shall become and be vested in and is hereby granted to the said board 
of commissioners, in fee simple for park purposes, as hereafter in this 
act set forth. 

§ 2. The riparian rights of the owners of land along the shore 
adjoining such submerged lands, and such land along the said shore 
as to the said board shall seem necessary and desirable, the said 
board of commissioners may acquire by contracts wdth or deeds 
from any such owner, and in case of inability to agree with any 
such owner proceedings may be had to condemn such rights and 
such lands according to the provisions of article 9 of an act enti- 
tled "An act to provide for the incorporation of cities and villages," 
approved April iOth, 1872, and the amendments thereof. 

§ 3. The submerged lands thus granted and the shore lands 
together with the riparian rights thus acquired in accordance with 
the preceding sections, the said commissioners shall hold for the 
following uses: 

First. For the purpose of construf^ting and maintaining the 
boulevard or driveway as in said plan located. 



284 PAEKS. 



Secondly. For the purpose of filling, reclaiming, improving, 
maintaining and holding such portions as are so designated upon 
said plan as a public park, 

§ 4. The cost of the acquisition of puch riparian rights and land 
from such shore owners, together with the estimated cost of the 
construction of said boulevard and driveway and the protection 
for the same, and of the reclamation and improvement of said 
submerged lands to be held for the purpose of a public park, 
shall be raised by special assessment upon property benefited by 
the proposed improvement in the manner provided in article 9 
of chapter 24 of the Revised Statutes and amendments thereto. 
Said assessment shall be levied, collected and enforced by such 
proper corporate authorities as are by law authorized to levy taxes 
and assessments for the maintenance of such park. 

§ 5. Bat it is hereby further provided, that the amount of such 
special assessment on each piece or parcel of land upon which 
said special assessment may be levied shall be divided into 
twenty equal installments, the first of said installments to be pay- 
able immediately after the ascertainment and confirmation of said 
assessmeat accjrding to law, and the second year's thereafter, and 
the subsequent installments one each year thereafter, each install- 
ment except the first to bear interest from the date of the issuance 
of the warrant for the collection of said first installment at the 
rate of five per cent, per annum, payable annually; said install- 
ment and said interest to be collected in the manner provided by 
law for the collection of the other taxes for the purposes of such 
park, and at the same times. 

§ 6. The said board of commissioners may authorize from time 
to time the issuance of bonds, warrants or other certificates of 
indebtedness, not exceeding in the aggregate the amount of such 
special assessment, to be payable only out of the proceeds of such 
special assessment, and bearing interest not to exceed five per 
cent, per annum, payable semi-annually, the time for the payment 
of the principal of which shall be so distributed as nearly as practic- 
able, as to retire each year an amount equal to the amount of the said 
special assessment collected, and shall apply the proceeds of the 
issuance and negotiation of any such bonds, warrants, or other 
instruments to the purpose for which said assessment is herein 
authorized, and the said special assessment shall be, and is here- 
by, then specifically pledged for the redemption and payment of 
such bonds, warrants or certificates of indebtedness. 

§ 7. The powers granted by this act to any board of park 
commissioners for the enlargement of a park under their control 
shall not be construed to have been exhausted by any one use of 
the same, but under the same conditions and limitations, and in 
the method prescribed, the said board may from time to time 
proceed with further enlargements of said park by reclamation of 
submerged lands. 

Approved June 15, 1895, 



PARKS. 285 



TWO MILL TAX FOR MAINTENANCE OF PARKS. 
§ 1. Two mill tax authorized— Levy and aeseeament. 

An Act to enable park commissioners io maintain and govern 
parks and houlevards under their control. 

Section 1. Be it enacted by the Feople of the State of Illinois, 
represented in the General Assembly: That in any town which is 
now included within the limits of any city in this State, in which 
a board of park commissioners shall now exist, having authority 
by law to acquire land and the appurtenances in trust for the in- 
habitants of such town, and for such parties or persons as may 
succeed to the rights of such inhabitants, and for the public, as 
public promenades and pleasure grounds and ways, and for no 
other use or purpose without the consent of a majority by front- 
age of the owners of the property fronting the same, and without 
the power to sell, alienate, mortgage or incumber the same, the 
corporate authorities of any such town, authorized by law to assess 
taxes for park purposes, shall, upon the receipt of a certificate in 
writing from any such board of park commissioners, on or before 
the first day of August in each year, levy and assess, in addition 
to all other taxes now authorized by law to be levied and assessed 
for the purpose of governing and maintaining any such parks and 
boulevards, two mills on each dollar of the taxable property in said 
town and within the park district, subject to taxation for park and 
boulevard purposes, according to the valuation of the same, as 
made for the purpose of State and county taxation, and such ad- 
ditional two mills on the dollar of the taxable property in said 
town and park district shall be used and expended by such board 
of park commissioners in governing and maintaining any parks, 
boulevards or pleasureways under the jurisdiction, management 
and control of any such board of park commissioners, and for 
paying any other necessary and incidental expenses incurred in and 
about the management of any such parks and boulevards, and 
such additional two mills shall, by the officer authorized by law to 
assess and collect taxes for park purposes, be collected and paid 
over the same as other park taxes are now required by law to be 
collected and paid over. 

Approved June 17, 1895. 



286 PARKS. 



TO ENABLE PARK AUTHOKITIES TO MAKE LOCAL IMPROVEMENTS. 



§ 13. Collection of special assessment. 

§14. Application for judgment. 

§ 15. Sales. 

§ 16. Park commissioners may buy in 

§ 17. Supplemental assessment. 

§ 18. Contracts. 

§ 19. Condemnation proceedings— Special as- 
sessments. 

§ 20. New assessments. 

§21. Allowance of credit.s. 

§ 22. Levy, assessment and collection— How 
made. 



f 1. Special assessments— Special taxes. 

§ 2. Power declared to be additional. 

§ 3. Ordinance. 

§ 4. Special assessments— Proceedings. 

§ 5. Character of improvement. 

§ 6. Estimate of cost. 

§ 7. Order for proceedings in court. 

g 8. Petition. 

§ 9. Assessment. 

§ 10. Assessment roll. 

§ 11. City special assessment laws applicable. 

I 12. Hearing. 

An Act to enable park commissioners or park authorities to make 
local improvements and provide for the payment therefor. 

Section 1. Special assessments —special taxes. Be it enacted 
by the People of the State of Illinois, represented in the General 
Assembly: That all and any boards of park commissioriers or 
park authorities now existing or hereafter established for the pur- 
pose of locating, establishing, inclosing, improving or maintaining 
any public park, boulevard, driveway, highway or street, are hereby 
vested with power and authority to levy, assess and collect special 
assessments or special taxes on contiguous property, or general 
taxes, or both, or otherwise, for the purpose of improving any 
boulevard, highway, driveway or street which may be now or may 
hereafter come under their control in any manner whatsoever. 

§ 2. Powers additional to others. The power and authority 
hereby vested are hereby declared to be additional to and not in 
limitation of any power and authority heretofore vested in said 
park commissioriers or park authorities 

§ 3. Whenever any STich improvement shall be determined upon 
by said park commissioners or park authorities, they shall provide 
for the same by ordinance to be entered upon their records, and 
they shall by the same ordinaace prescribe whether the same 
shall be made by special assessment or special taxation on contigu- 
ous property, or general taxation, or both, or otherwise. 

§ 4. When the ordinance under which said improvement is 
ordered to be made shall provide that such improvement shall be 
made by special assessment, the proceedings for the making and 
levying of the same shall be as provided hereinafter in this act. 

§ 5. Character, etc., of improvement. Such ordinance pro- 
viding for said improvement shaU specify the nature, character, 
locality and description of such improvement. 

§ 6. Estimate of cost. The said park commissioners or park 
authorities shall make an estimate of the cost of the improvement 
contemplated by such ordinance, including labor, materials and all 



PARKS. 287 

other expenses attending the same, and the cost of making and 
levying the said assessment, and shall enter a report thereof upon 
their records. 

§ 7. Order for proceedings in court. Upon such ordinance 
being passed and said report made and recorded as aforesaid, said 
park commissioners or park authorities may order a petition to 
be filed by its secretary or such other officer as it may direct in 
the county court of their county for proceedings to assess the 
costs of such improvements in the manner provided herein. 

§ 8. Petition. Said petition shall be in the name of said 
park commissioners or park authorities, and shall recite the ordi- 
nance for the proposed improvement and such report of estimate 
of the cost thereof, and shall pray that the cost of such improve- 
ment shall be assessed in the manner provided by law. 

§ 9, Assessment. Upon the filing of such petition it shall be 
the duty of said commissioners or park authorities to estimate 
what proportion of the total cost of said improvement will be of 
benefit to the public and what proportion thereof will be of benefit 
to the property to be benefited, and apportion the same betw^een 
the district, subject to the mainteuance of the park or parks 
under the control of said commissioners or park authorities, so 
that each shall bear its relative, equitable proportion, and having 
found said amounts, to apportion and assess the amount so found 
to be of benefit to the property upon the several lots, blocks, 
tracts and parcels of land in the proportion in which they will be 
severally benefited by such improvement: Provided, no lot, block, 
tract or parcel of land shall be assessed a greater amount than it 
will be acttially benefited. 

§ 10. Assessment roll. The said commissioners or park 
authorities shall also make or cause to be made an assessment 
roll in which shall appear the names of the owners, so far as 
known, a description of each lot, block, tract or parcel of land, 
and the amount assessed as special benefits thereto, and in which 
they shall set down as against the said park district the amount 
they shall have found as public benefit, and they shall certify 
such assessment roll to the said court at least ten days before the 
first day of ttie term at which a final hearing thereon shall be 
had. 

§ 11. City special assessment laws applicable. The remain- 
der of the proceedings in respect to such special assessment shall 
be in accordance with Article IX of the act of the General Assem- 
bly entitled "An act to provide for the incorporation of cities and 
villages," approved April 10, 1872, and all acts amendatory thereof, 
so far as the same may be applicable, and all acts provided therein 
to be performed by the city or village shall be perfoimed by the 
said park commissioners or park authorities, and all acts provided 
therein to be performed by commissioners to be appointed by the 
court shall also be performed by said park commissioners or park 
authorities, and where it is therein provided that the city council, 



288 PAEKS. 



or the board of trustees, in case of a village, shall be named in 
any of said proceedings or notices or records relating thereto, the 
said park commissioners or park authorities shall be named in- 
stead, and like notices of said proceedings shall be given and 
published by said park commissioners as is therein provided, and an 
affidavit of one or more of said park commissioners or park 
authorities of the giving of notices, and a certificate of publication 
of notice be filed as provided therein, and the same time shall be 
allowed for the filing of objections to the confirmation on the part 
of parties interested. 

§ 12. Heaeing. In such proceedings the court shall have the 
same powers and authority as is provided in said Article IX for 
proceedings thereunder, and the hearing of the application for the 
confirmation of said assessment shall be had in the same manner 
and appeals from any judgment entered thereon shall be taken to 
the same court and in the same manner as provided therein. 

§ 13. The said assessment roll and judgment thereon shall be 
certified to the officer of said park commissioners or park authori- 
ties authorized to collect said special assessment in the same 
manner as is provided in said Article IX, and a like notice shall 
be given by said collector, and said special assessment shall be 
collected in the same manner as provided therein, and a like re- 
port of delinquent list made to the general officer of the county 
authorized to collect State and county taxes, made up in the same 
manner as is provided therein. 

§ 14. Application foe judgment— what laws goveen. Said 
general officer shall proceed to obtain judgment for said delinquent 
special assessment in the same manner and within and at the 
same time as is provided in said Article IX, and shall be gov- 
erned by the same laws in respect thereto as is provided for 
therein. 

§ 15. Sales. Sales of property for unpaid delinquent 
special assessments shall be made" in the same manner as provided 
by said Article IX. and redemption from said sales shall be made 
in the same manner and upon the same terms and payment of the 
same rates as are applicable to sales therein provided for, and 
officers respectively making collections of said special assessment, 
and making sales thereunder, shall be subject to the same rules^ 
regulations, be entitled to the same compensation and subject to 
the same penalties as is provided for in said Article IX. 

§ 16. Paek commissionees may buy in. Park commissioners 
or park authorities interested in the collection of any tax or as- 
sessment may become a purchaser at any sale of real or personal 
property to enforce the collection of the same, and may, by ordi- 
nance, authorize and make it the duty of one or more officers, to 
be designated by them, to attend such sales and bid thereat in 
behalf of said park commissioners or park authorities. 

§ 17. Supplemental assessments. New special assessments 
and supplemental special assessments may be levied and assessed 



PARKS. 28^ 



in all cases where the same are, or may be, authorized in said Ar- 
ticle IX, and the same shall be levied, assessed and collected as 
is above provided in cases of original special assessments, and all 
the provisioning of said Article IX for said new assessments and 
sapplemental assessments shall apply to such proceedings to be 
taken hereunder. 

§ 18. Contracts. All the provisions of said Article IX in re- 
spect to contracts for making any such improvement, and for the 
letting of such contracts, and in respect to the lien of said special 
assessments, and as to the collection by suit of said special assess- 
ments, the dividing the eame into installments, and interest thereon, 
and the collection thereof, the payments thereon, the notice 
thereof, the confirmation thereof, and the payment of work done 
for such improvement, vouchers therefor and lights of all parties 
thereunder, the disposition of surplus moneys arising from such 
special assessments, and the payments for compensation in con- 
demnation proceedings, and advancements to pay for private prop- 
erty taken or damaged from the general fund of such city or 
village, shall each and all be applicable to such proceedings taken 
by said park commissioners or park authorities. 

§ 19. Condemnation proceedings — special assessment. Wher- 
ever any such park commissioners or park authorities shall be 
vested with power to take or damage private property for any 
purpose whatever, and shall- apply to any court for the pur- 
pose of making just compensation therefor, they may file in the 
same proceedings a supplemental petition praying for a special 
assessment for the purpose of raising the amount necessary to 
pay the compensation and damages which may be or shall have 
been awarded for the property taken or damaged, with the costs 
of the proceedings, and thereupon the court shall have power to 
and shall proceed as in other cases of special assessment pro- 
vided for in said Article IX and herein: Provided, that all the 
provisions of said article in reference to the payment for lands to 
be taken or damaged, and the hearing by the court in respect to 
said payment, and in respect to ordering writs of possession, or 
in dismissing such condemnation proceedings, shall be applicable 
in such case. 

§ 20. New assessments. Where, in any case such park board 
or park authorities having authority to improve any street or 
streets or parts thereof, and to pay for the improvement thereof 
by special assessment, and said improvement shall have been made 
or partly completed, and a special assessment levied therefor shall 
have been set aside by a court of competent jurisdiction, or the 
provision in any ordinance for the payment for said improvement 
by special assessment shall have failed or been declared void by 
any court of competent jurisdiction, then, and in any such case, 
the said park commissioners or park authorities are hereby vested 
with power to levy, assess and collect a new special assessment on 
property benefited by said improvement or completed portion 
thereof, in the same manner as in other cases, and the lots, blocks, 
-19 



290 



PARKS. 



tracts or parcels of land found benefited by said improvement or 
the completed portion thereof, shall each severally be liable to 
pay for said benefits to the same extent and in the same propor- 
tion as in other cases: Provided, that the provisions and all pro- 
ceedings in respect to such new assessments shall relate to and 
be in force in all cases in which, at the time of the passage of 
this act, work has bsen completed or partially completed under 
any special "assessment proceedings or attempted special assess- 
ment proceedings heretofore levied or collected or attempted to be 
levied and collected by any such board of park commissioners or 
park authorities: And, provided, further, that such new assess- 
ments in such cases shall be levied within seven years from the 
date of canfirmation, or attempted confirmation, of such original 
proceedings. 

§ 21. In such proceedings for any new assessment, it shall be 
the duty of the said commissioners to credit on the assessment 
roll, at or before filing the same in court, all payments that may 
have been made on any previous assessment or installments 
thereof for said improvement by, for or on account of any lot, 
block, tract or parcel of land assessed . therein, whether paid by 
sale thereof or otherwise, and any objections to the confirmation 
of such assessment roll shall include objections to the allowance 
of credits as appears by said assessment roll, if any there be. 

§ 22. When the ordinance under which said improvements are 
ordered to be made shall provide that such improvement shall 
be made by special taxation of contiguous property, the same 
shall be levied, assessed and collected in the way provided in the 
sections of this act providing for the mode of making, levying, 
assessing and collecting special assessments. 

Appeoved June 24, 1895. 



TO ENABLE PARK COMMISSIONERS -TO TAKE AND IMPROVE STREETS. 



§ 5. City, etc , may vest control in park com- 
missioners. 

§ 6. Streets already taken included. 



§ 1. Streets taken by park commissioners, etc. 

§ 2. Special taxes— Special assessments. 

§ 3. Control by park commissioners. 

§ 4. Reversion. 

An Act to enable Park Commissioners or park authorities to take 
regulate, control and improve public streets, and to pay for th(. 
improvement thereof. 

Section 1. Streets taken by park commissioners, etc. Be 
it enacted by the People of the State of Illinois, represented in 
the General Assembly: That every board of park commissioners 
or park authorities shall have power to connect any public park, 
boulevard or driveway under its control with any part of any 
incorporated city, town or village (?) by selecting and taking any 
connecting street or streets, or parts thereof, leading to such park, 



PARKS 291 



boulevard or driveway, and shall also have power to accept and 
add to any parks or park under their control any street or parts 
thereof which adjoins or run parallel with any boundary line of 
the same: Provided, that the streets so selected and taken, so 
far as taken, shall lie within the district or territory, the property 
of which shall be taxable for the maintenance of such parks, 
boulevard or driveway: And, provided, further, that the consent 
of the corporate authorities having control of any such street or 
streets so far as selected and taken, and also the consent in writ- 
ing of the owners of a majority of the frontage of the lots and 
lands abutting on such streets, so far as taken, shall be first 
obtained. 

§ 2. Special taxes — special assessments. That such board 
of park commissioners or park authorities shall have power to 
improve such street or streets, or parts thereof, in such manner 
as they may deem best, and as they have or may hereafter have 
power to improve other streets under their control, and for that 
purpose they are hereby authorized to pay for the improvement 
thereof by levying, assessing and collecting a special tax on con- 
tiguous property abutting on said street or streets, or parts thereof, 
so improved, or a special assessment on property benefited in the 
manner in which said board of park commissioners or park au- 
thorities are now, or may be hereafter empowered by law, to levy, 
assess and collect special tarxes on contiguous property, or special 
assessments for benefits in other cases, or to pay therefor by gen- 
eral taxation or both, but no such special tax, or special assess- 
ment, shall be leveled for the maintenance and repair of such im- 
proved street, but the same shall be maintained and repaired by 
said park boards or park authorities as in other cases. And such 
special taxes, or special assessments, as are hereby authorized, 
may be divided into not exceeding four annual installments, bear- 
ing six per cent, per annum interest from the date of confirma- 
tion thereof by the court until paid, and the same shall be col- 
lected and enforced in the same manner as is, or may hereafter 
be, provided by law for the collection and enforcement of other 
special taxes, or special assessments, for or on account of said 
park commissioners or park authorities so far as the same is 
applicable. 

§ 3. CoNTEOL BY PARK COMMISSIONERS. Such park boards or 
park authorities shall have the same power and control over the 
streets or part of streets so selected and taken, under this act as 
are now or may be hereafter vested in them, over and concerning 
parks, boulevards or driveways, or other streets. 

§ 4. Reveesion. In case any such streets or parks thereof, 
shall pass from the control of any such park commissioners or 
park authorities, the power and authority over the same granted 
or authorized by this act shall revert to the proper corporate 
authorities of such city, town or village respectively, as aforesaid. 



292 PEACTICE. 



§ 5. City, etc., may vest control in park commissioners. 
Any incorporated city, town or village in this State shall have 
full power and authority to invest any of such park commission- 
ers or park authorities with the right to control, improve and 
maintain any of the streets of such city, town or village, for the 
purpose of carrying out the provisions of this act. 

§ 6. Streets already taken included. The provisions of 
this act so far as the same applies to improving, maintaining and 
repairing any street or streets or parts thereof, and of the levy, 
assessment and collection of special taxes and special assessments, 
shall apply to any street or streets or parts thereof, that have 
been heretofore selected and taken under the control of any park 
commissioners or other park authorities, and to any such street 
or streets or parts thereof which, or portions of which, have not 
yet been improved by such park commissioners or park authori- 
ties. 

Approved June 21, 1895. 



PEACTICE. 



SUITS AGAINST INSURANCE COMPANIES. 
§ 1. Amends section one (1) of the act of 1873 with reference to venue and direction of procegg. 

An Act to amend section one (1) of an act entitled "An act con- 
cerning the jurisdiction of circuit courts in cases instituted 
against life and fire insurance companies,'' approved April 5, 
1873, in force July 1, 1873. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented iri the General Assembly: That section one 
(1) of an act entitled "An act concerning the jurisdiction of circuit 
courts in cases instituted against life and fire insurance com- 
panies," approved April 3, 1873, in force July 1, 1873, be, and 
the same is hereby, amended to read as follows, viz.: 

Section 1. The courts of record of the county wherein the 
plaintiff or complainant may reside shall have jurisdiction of all 
actions hereafter to be commenced by any individual against any 
insurance company, either incorporated by any law of this State 
or doing business in this State. And all process issued in any 
cause commenced in the county whereia the plaintiff may reside 
wherein an individual may be plaintiff or complainant and any 
such company defendant, may be directed to any county of this- 
State for service and return. 

Approved June 21, 1895. 



RAILROADS AND WAREHOUSES. 29c 



EAILROADS ANJ^ WAREHOUSES. 



FENCING AND OPERATING RAILROADS. 

I 1 . Amends section 14 of the act of 1874 by adding provisions prohibiting the obstruction of 
highways lor the purpose of receiving or discharging freight, or for taking in or setting out 
cars, and the throwing of missiles at any train, and providing a penalty therefor. 

An Act io amend section 14 of "An act in relation to fencing and 
operating railroads,'' approved March 31, 1874, in force July 

1, 1874. 

Section 1. Be it enacted hy the Peoj^le of the State of 
Illinois, represented in the General Assembly: That section 14 
of "An act in relation to fencing and operating railroads," approved 
March 31, 1874, be and the same is hereby amended so as to read 
as follows: 

Section 14. No railroad corporation shall obstruct any public 
highway, by stopping any train upon, or by leaving any car or locomo- 
tive engine standing on its track where the same intersects or crosses 
such public highways, except for the purpose of receiving or dis- 
charging passengers or freight, or for taking in or setting out cars, 
or to receive the necessary fuel and water, and in no case to ex- 
ceed ten minutes for each train, car or locomotive engine. Any 
person who shall throw any stone, or other hard substance 
at any railroad car, train or locoaioive shall be deemed guilty of 
a misdeoaeanor, and on conviction thereof shall be fined in any 
sum not more than $200.00, and shall stand committed to the 
county jail until such fine and costs shall be paid. 

Approved June 21, 1895. 



LESSEES IN THIS STATE OF RAILROADS IN ADJOINING STATES. 

§ 1. Amends section 1 of the act of 1875 by extending its provisions to roads incorporated under 
adjoining states, enables the sale as well as purchase of lessor's interests, and permits, 
under certain restriction, the purchase of railroads in this State. 

An Act to amend an act entitled "An act relating to lessees in 
this State of railroads in adjoining states,'' approved March 
30, 1875, in force July 1, 1875. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That section 1 of an act 
entitled "An act relating to lessees in this State of railroads in 
adjoining states," be amended so as to read as follows: 

Section 1. That all railroad companies incorporated or organized 
or which may be incorporated or organized under the laws of this 
State, or of this and any adjoining state, (or of any adjoining 
state) which now or at any time hereafter may be in possession 
of or operating connecting railroads in this State or states adjoin- 



294 EAILEOADS AND WAREHOUSES. 



ing this state under lease in perpetuity or for a period of not less 
than twenty years, shall have power to purchase or sell the re- 
maining interests, property and franchises of the lessors of such 
railroads situated in this or in such adjoining states, on such 
terms and conditions as may be agreed upon by the parties or 
their assigns, to such lease: Provided, that the railroad com- 
pany which pu chases any railroad in this State shall operate 
such road and hold such property and franchises subject to all 
the rights, privileges, duties and obligations prescribed by the 
general railroad laws of this State enacted or which shall hereafter 
be enacted for the regulation, government, taxation or control of 
the railroads organized or which may be organized under the laws 
of this State: And, provided, further, that this act shall not be 
construed so as to permit such railroad company to purchase any 
parallel or competing line of railroad. 

Approved June 24, 1895. 



RAILWAY STATIONS. 

§ 1. Amends section 1 of the act of 1877 by compelling the erection of depots in all towns and 
villages having a population of 200, instead of 500. 

An Act to amend section one (1) of an act entitled "An act com- 
pelling railroad companies in this State to build and maintain 
depots for the comfort of passengers, and for the protection of 
shippers of freight at towns and villages on tJie lines of their 
roads.'" 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section one (1) 
of an act entitled "An act compelling railroad companies in this 
State to build and maintain depots for the comfort of passengers 
and for the protection of shippers of freight at towns and villages 
on the line of their roads," apjjroved May 23, 1877, in force July 
1, 1877, be and the same is amended to read as follows: 

Section 1. That ail railroads in this State carrying passengers or 
freight shall, and they are hereby required to, build and maintain 
depots for the comfort of passengers and for the protection of 
shippers of freight, where such railroad companies are in the prac- 
tice of receiving and delivering passengers and freight, at all towns 
and villages having a population of two hundred (200) or more^, 
on the line of their roads, and roads leased or operated by them. 

Approved June 21, 1895. 



REFORMATORIES. 



295 



EEFOEMATORIES. 



HOME FOU JUVENILE FEMALE OFFENDERS. 



§ 24. Provides that superintendent shall be 
subject to regulations governing super- 
intendent of State Reformatory instead 
of those governing superintendents of 
charitable institutions, and does not 
make it mandatory that superintendent 
be a woman. 

§ 27. Eliminates provision as to time in which 
girls may be placed in private homes — 
Repeal. 



§ 1. Amends section 1 of the act of 1893 by 
reducing the number of trustees from 
7 to 5, the number of women on the 
board from 4 to 2, vests in them the 
corporate powers of the Home, fixes 
their term of office, etc. 

§ 3. Eliminates provision as to term of office. 

§ 16. Includes felonies among offenses for 
which girls may be confined in Home. 

§ 17. Provides that upon conviction before 
magistrates, any responsible resident 
may petition court of record to com- 
mit girl to Home— Jury. 

An Act to amend sections one, two, sixteen, twenty.four and 
tiventy- seven, and to repeal sections seventeen, eighteen, twenty- 
three and twenty-nine of an act entitled "An act to provide for 
a State Home for Juvenile Female Offenders," approved June 
22, 1893, in force July 1, 1893. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the State Home 
for Juvenile Female Offenders shall be under the control of five 
trustees, to be appointed by the Governor, two of whom may be 
women, one to be appointed for one year, one for two years and 
one for three years, and one to be appointed each year thereafter, 
to serve for three years. They shall hold office during the time 
for which they are appointed unless removed for cause by the 
Governor. They shall possess all the corporate and other poweis, 
and be subject to all rules regulating the charitable institutions 
of this State and of the Illinois State Reformatory, so far as they 
may apply. 

§ 2. Trustees to take oath— duties— term of office. The 
trustees shall take the oath of office prescribed by the Constitu- 
tion of the State of Illinois, and shall perform the duties imposed 
upon theaa by law without any compensation for their services ex- 
cept their actual expenses incurred in the discharge of their official 
duties. 

§ 16. Provisions for inmates. Whenever any girl between 
the ages of ten and sixteen years is convicted before any court of 
record of any offense which, if committed by an adult, would be 
punishable by confinement in any house of correction, county jail 
or in the penitentiary, such juvenile offender may be coi^imitted 
by the order of such court to the State Home for Juvenile Female 
Offenders for a time not less than one year nor beyond their 
minority: Provided, that when the offense is punishable by con- 
finement in any house of carrection or county jail, the court may, 
in the exercise of its discretion, commit such juvenile offender to 
the house of correction or county jail for the term authorized by 
law tv>r t' e punishmerit of such offers'". 



296 EEFOEMATORIES. 



§ 17. Whenever any girl between the ages of ten and six- 
teen years is convicted of any offense or misdemeanor by or before 
any justice of the peace, any responsible person who is a resident 
of any county in this State may petition the county court, or any 
court of record of the county in which said conviction was made, 
to have such girl sent to the said Reformatory for Female 
Juvenile Offenders, and if it shall be determined by a jury upon 
the hearing of said matter that said girl is a vagrant and without 
a proper home or means of subsistence, or lives with or frequents 
the company of reputed thieves or other vicious persons, or has 
been in a house of ill-fame, or in any prison or poor- house, or 
for any reason, whether in the interest of the girl or the public, 
she should be sent to said reformatory, said court shall thereupon 
send said girl to said reformatory and issue the proper writ 
therefor. The court shall, in said cases, have said girl before it 
and require such evidence as he shall deem proper. The said 
matters shall be heard and tried by a jury of six, to be summoned 
by the court, and the proceedings shall be the same as in section 
four of "An act to aid Industrial Schools for G;rls," approved 
May 28, 1879, so far as said section applies. 

§ 24. Superintendent to be appointed. The trustees shall 
appoint a superintendent for the hom-\ who shall have the same 
powers, perform the same duties, and be subject to the same rules 
and regulations as is prescribed by law for the superintendent of 
the Illinois State Keformatory; said superintendent may be a 
woman. 

§ 27. GlELS CAN BE PLACED IN HOME OF CITIZEN, WEEN. Any 

girl committed under the Drovinions of this act may, by the trus- 
tees of said home, be placed iu the home of auy good citizen 
upon such terms and for such purpose as may be agreed upon, 
or she may be given to any suitable person of good character who 
will adopt her, or she may be bound to any reputable citizen as 
an apprentice to learn any trade, or as a servant to follow any 
employment which, in the judgment of the trustees, will be for 
her advantage, and all and singular of the provisions of the law 
in relation to apprentices, so far as they are applicable, shall apply 
to and be binding upon the trustees, upon such girl, or upon the 
person to whom such girl is bound; any disposition made of any 
girl under this section shall not bind her beyond her minority. 
The trustees shall have a supervising care of such girl, to see that 
she is properly treated and cared for, and in case such girl is 
cruelly treated, or is neglected, or the terms upon which she was 
committed to the care and protection of any person are not ob- 
served, or in case such care and protection shall, for any reason, 
cease, then it shall be the duty of the trustees to take and re- 
ceive such girl again into the custody, care and protection of said 
home. 

Sections 17, 18, 23 and 29 of said act are hereby repealed. 

Approved June 25, 1895. 



REVENUE. 297 



REVENUE. 



DELINQUENT LANDS— APPLICATION FOR JUDGMENT. 

§ 1. Amends section 185 of the amended act of 1872 by providing that applications for Judgment 
and order of sale shall be made at the June instead of the May term, except in couniiea 
having probate courts. 

An Act io amend section 185 of an act entitled "An act for the as- 
sessment oj property and for the levy and collection of taxes,'' 
approved March 30th, 1872, in force July 1st, 1872, as amended 
by an act approved May 3rd, 1873, in force July 1st, 1873. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section 185 of 
an act entitled "An act for the assessment of property and for the 
levy and collection of taxes," approved March 30th, 1872, in force 
July 1st, 1872, as amended by an act approved May 3rd, 1873, in 
force July 1st, 1873, be, and the same is heieby, amended to read as 
follows : 

That all applications for judgment and order of sale for 
taxes and special assessments on delinquent lands and lots shall 
be made at the June term of the county court. If from any 
cause the court shall not be holden at the term at which judg- 
ment is prayed, the cause shall stand continued, and it shall not 
be necessary to readvertise^ the list or notice required by law to 
be advertised before judgment and sale, but at the next regular 
term thereafter the court shall hear and determine the matter, 
and if judgment is rendered, the sale shall be made on the Monday 
specified in the notice as provided in section 182, such Monday to 
be fixed by the county collector in the notice. If for any cause 
the collector is prevented from advertising and obtaining judgment 
at said term, it shall be held to be legal to obtain judgment at 
any subsequent term of said court, bat if the failure arises by 
the county collector's not complying with any of the requirements 
of this act, he shall be held on his ofiicial bond for the full 
amount of all taxes and special assessments charged against him: 
Provided, that any such failure on the part of the county col- 
lector shall not be allowed as a valid objection to the collection 
of any tax or assessment, or to a rendition of a judgment against 
any delinquent lands or lots included in the application of the 
county collector: And, provided, further, that on the application 
for judgment at such subsequent term, it shall not be deemed nec- 
essary to set forth or establish the reasons of such failure: And, 
provided, further, that in counties where probate courts have been 
or may hereafter be established, it shall be lawful to make such 
application for judgment and order of sale to the May term of 
the county court. 

Whereas, an emergency exists, therefore this act shall take 
efPect and be in force from and after its passage. 

This bill, having remained with the Governor for a period of ten days (Sundays excepted; 
after the adiournment of the General Assembly, and he not having filed it with his objections there- 
to in the ofBce of the Secretary of State, it becomes a law in lilie manner as if he had signed it. 

Witness my hand this -itjth day of June, A. D. 1895. 

W. H. HiNRICHSEX, 

Srcretary of State. 



298 REVENUE. 



GENERAL LEVY FOR STATE PURPOSES. 



2 2. The Governor and Auditor to compute 
the necessary rates per cent. 



§ 1. Provides for the levying of .$2,500, 000 per 
annum, for the fiscal years 1895 and 
1896 for the "revenue," and .f 1,000,000 
per annum for the "school" fund. 

An Act io provide for the necessary revenue for Siate purposes. 

Section 1. Be it enacted by the people of the State of Illi- 
nois, represented in the General Assembly: That there shall be 
raised by levying a tax by valuation upon the aBsessed taxable 
property of the State, the following sums for the purposes here- 
inafter set forth: For general State purposes to be designated 
"revenue fund," the sum of two millioo, five hundred thousand 
(2,500,000) dollars upon the assessed value of property for the 
J ear A. D., 1895; two million, five hundred thousand (2,500,000) 
dollars upon the assessed value of property for the year A. D., 
1896, and for State school purposes to be designated "State school 
fund," the sum of one million (1,000,000) dollars upon the assessed 
taxable property for the year, 1895, and the sum of one 
million (1,000,000) dollars upon the assessed taxable property for 
the year A. D., 1898, in lieu of the two-mill tax. 

§ 2. The Governor and Auditor shall annually compute the 
several rates per cent, required to produce not less than the 
above amounts, anything in any other act providing a diilerent 
manner of ascertaining the amount of revenue required to be 
levied for State purposes to the contrary notwithstanding, and 
when so ascertained, the Auditor shall certify to the county clerks 
the proper rates per cent, therefor, and also such definite rates 
for other purposes as are now, or may hereafter be, provided by 
law to be levied and collected as State taxes, and all laws and 
parts of laws in conflict with this act are hereby repealed. 

This bill having remained with the Governor for a period of ten days, Sundays excepted, 
after the adjournment of the General Assembly, and he not having filed it with his objections 
thereto in the olttee of the Secretary of State., it becomes a law in like manner as if he had signed it. 
Witness my hand, this 26th day of June, A. D., 1895. 

W. H. HINEICHSEN, 

Secretary of State ^ 



SALE OF DELINQUENT LANDS. 



§ 210. Of redemption— Amount. 

§ 213. Sales by mistake — Entry statins 
error — Emergency. 



§ 1. Amends the act of 1872 as follows: 

§ 201. Changes the time of beginning 
sale from 10 to 9 o'clock A. M. 

§ 202. Changes the manner of conduct- 
ing sales, and inserts new provisions 
as to purchaser's intent. 

An Act to amend sections two hundred and one {201), two hun- 
dred and two (202), two Imndred and ten (210) and two hun- 
dred and thirteen (213) of an act entitled ''An act Jar the as- 
sessment of property and for tJie levy and collection of taxes,''' 
approved Marcli 30, 1872, in force July 1, 1872. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in tJie General Assembly : That sections two 
hunrlr-^'l a-i ! one ( '0'), two bundrel and two (""0?), fwn hundred 



REVENUE. 299 



and len (210) and two hundred and thirteen (213) of an act en- 
titled "An act for the assessment of property and for the levy and 
collection of taxes," approved March 30, 1872, in force /July 1, 
1872, be, and the same are, amended to read as follows: 

Section 201. The collector, in person or by deputy, shall attend 
at the court-house in his county, on the day specified in the notice 
for the sale of real estate for taxes, and then and there, between 
the hours of nine o'clock in the forenoon and four o'clock in the 
afternoon, proceed to offer for sale, separately and in consecutive 
order, each tract of land or town or city lot in the said list on 
which the taxes, special assessments, interest or costs have not 
been paid. The sale shall be continued from day to day, until all 
the tracts or lots in the delinquent list shall be sold or offered for 
sale. 

§ 202. The person at such sale offering to pay the amount 
due on each tract or lot for the least percentage thereon as pen- 
alty, shall be the purchaser of such tract or lot: Provided, that 
no bid shall be accepted for a penalty exceeding twenty-five (25) 
per cent, of the amount of such tax or special assessment. 

§ 210. Real property sold under the provisions of this 
act may be redeemed at any time before the exp ration of two 
years from the date of sale, by payment in legal money of the 
United States, to the county cferk of the proper county, the amount 
for which the same was sold, together with the amount of the 
penalty bid at such sale, if redeemed at any time before the ex- 
piration of six months from the day of sale. If between six and 
twelve months, the amount for which the same was sold together 
with twice the amount of the penalty bid; if between twelve and 
eighteen months, the amount for which the same was sold together 
with three times the amount of the penalty bid; and if between 
eighteen months acd two years, the amount for which the same 
was sold together with four times the amount of the penalty bid 
at said sale. The person redeeming shall also pay the amount of 
all taxes aiid special assessments accruing after such sale with 
seven (7) per cent, penalty thereon, unless such subsequent tax 
or special assessment has been paid by or on behalf of the person 
for whose benefit the redemption is made and not by the pur- 
chaser at the tax sale, or his assignee, and it is hereby made the 
duty of the county clerk to include the amount of the subsequent 
taxes or special assessments paid by the purchaser or holder of the 
tax certificate in his certificate of redemption. If the real property 
of any minor lieir, idiot or insane person shall be sold for non- 
payment of taxes or special assessments, the same may be redeemed 
at any time after sale and before the expiration of one year after 
such disability be removed upon the terms specified in this sec- 
tion, and upon the payment of ten (10) per cent, per annum, the 
amount due including penalties from and after the expiration of 
two years from the date of sale, which redemption may be made 
by themselves, or by any person in their behalf. Tenants in com- 
mon, or joint tenants shall be allowed to redeEm thfir individual 



300 KEVENUE. 



interests in real property sold under the provisions oE this act, in 
the same manner and under the terms specified in this section for 
the redemption of other real property; any redemption made shall 
inure to the benefit of the person having the legal or equitable 
title to the property redeemed, subject to the right of the person 
making the same to be reimbursed by the person benefited. 

§ 213. Whenever it shall be made to appear to the satis- 
faction of the county clerk that any tract or lot was sold, and 
that such tract or lot was not subject to taxation, or upon which 
the taxes or special assessments had been paid previous to the 
sale of said tract or lot, or arises from a double assessment, or 
that the description is void for uncertainty, he shall make an entry 
opposite to such tracts or lots in the sale and redemption record, 
that the same was erroneously sold, and such entry shall be prima 
facie evidence of the fact therein stated, and unless such error 
is disproved, the county collector shall, on demand of the owner 
of the certificate of such sale, refund the amount paid and cancel 
such certificate so far as it relates to such tract or lots. The 
collector shall take credit in settlement of his accounts thereafter 
with such officers a 5 he may be liable to for their pro raia 
amounts respectively paid as aforesaid. 

Emergency, Whereas, an emergency exists, therefore this act 
shall be in force from and after its passage. 

This bill, having remained with the Governor for a period ot ten days fSiindays excepted) 
after the adjourmient of the General Assembly, and he not having filed it with his objections 
thereto in the office of the Secretary of State, It becomes a law in like manner as if he had signed it. 

Witness my hand this 2t)th day of June, A. D. 1895. 

W. H. HiNRICHSEN, 

Secretary of State. 



TO ASSESS PBOPBRTT OF MUrUAL, BUILDING LOAN AND HOMESTEAD 

ASSOCIATIONS. 



§ 29c. Valuation. 

§ 29d. Assessment — Emergency. 



§ 1. Amends the act of 1872 by adding thereto 
sections as follows: » 

§ 29a. Listing of stock. 

§ 29b. Stock held by foreign residents 
— Lien. 

An Act in relafion io the assessment of ihe property of Mutual 
Building, Loan and Homestead Associations. 

Section 1. Be it enacted by the people of the State of Illi- 
nois, represented in the General Assembly: That an act entitled 
"An act for the assessment of property, and for the levy and col- 
lection of taxes," approved March 30th, 1872, in force July 1st, 1872, 
be, and the same is hereby, amended by adding thereto the fol- 
lowing, to be numbered section 29a, section 29b, section 29c, sec- 
tion 29d: 

Section 29a. The stockholders of every mutual building, loan and 
homestead association for the purpose of building and improving 



EEVENUE. 301 



homesteads and loaning money to the members thereof only, 
whether such association is organized under the laws of this State 
or of any other state or territory of the United States, shall list for 
taxation with the local assessor where such stockholders reside, 
the number of shares of stock of such association owned by them 
respectively, and the value thereof on the first day of May in 
each year, and the same shall be assessed against such stockhold- 
ers, and the taxes thereon collected in the same manner as on 
other personal property. 

§ 29b. The shares of stock of all stockholders residing with- 
out this State of such associations shall be assessed by the local 
assessor where such associations are located, and, for the purpose 
of collecting the taxes thereon, a lien is hereby created upon such 
stock. 

§ 29c, In determining the value of such stock for the purpose 
of taxation, the valu-» of the real estate owned by such associa- 
tions shall be first deducted from their assets and such real estate 
shall be assessed in the manner now provided by law. 

§ 29d. The shares of stock and property of every such mutual 
building, loan and homestead association shall be assessed as 
herein provided and not otherwise. 

Whereas, assessments are required to be made between the first 
day of May and the first day of July, 1895, therefore an emer- 
gency exists, and this act shall take effect and be in force from 
and after its passage. 

Appeoved April 30. 1895. 



TO TAX GIFTS, LEGACIES, AND INHERITANCES. 



§ 1. Kate of tax. 

§ 2. Estate for life or years. 

§ 3. Tax— when payable. 

§ 4. Tax, how, when, and by whom payable. 

§ 5. Powers of executors, administrators and 
trustees. 

§ 6. Payment of tax — Beceipt. 

§ 7. Real estate subject to tax— Duty of ex- 
ecutors, administrators and trustees. 

§ 8. Debts proved after distribution. 

§ 9. Transfer of storks or loans by foreign 
representative. 



§ 13. County court— Jurisdiction. 

§ 14. Unpaid tax — Powers, practice, etc. 

§ 15. Unpaid tax— enforcement and collection. 

§ 16. County judge and clerk-To notify county 
treasurer. 

§ 17. Expenses incurred under section 14. 

§ 18. Public records— Furnished by State 
Treasurer. 

§ 19. Collection and payment— Semi-annual 
report. 

g 20. County treasurer's fee. 

§ 21. Receipt. 

§ 22. Lien of collateral inheritance tax. 

§ 23. Repeal. 



I 10. Tax paid in error. 

§ 11. Appraisement. 

§ 12. Misconduct of appraiser— Penalty. 

An Act to tax gifts, legacies and inheritances in certain cases 
and to provide for the collection of the same. 

Section 1. Be it enacted by the Feople of the State of Illi- 
nois, represented in the General Assembly: All property, real, 



•302 BEVENUE. 



personal and mixed which shall pass by will or by the intestate 
laws of this State from any person who may die seized or pos- 
sessed of the same while a resident of this State or, if decedent 
was not a resident of this State at the time of his death, which 
property or any part thereof shall be within this State or any in- 
terest therein or income therefrom, which shall be transferred by 
deed, grant, sale or gift made in contemplation of the death of 
the grantor or bargainor or intended to take efPect, in possession 
or enjoyment after such death, to any person or persons or to any 
body politic or corporate in trust or otherwise, or by reason 
whereof any person or body politic or corporate shall become 
beneficially entitled in possession or expectation to any property 
or income thereof, shall be, and is, subject to a tax at the rate 
hereinafter specified to be paid to the treasurer ot the proper 
county for the use of the State, and all heirs, legatees and devisees, 
administrators, executors and trustees shall be liable for any and 
all such taxes until the same shall have been paid as hereinafter 
directed. When the beneficial interests to any property or income 
therefrom shall pass to or for the use of any father, mother, hus- 
band, wife, child, brother, sister, wife or widow of the son or the 
husband of the daughter, or any child or children adopted as such 
in conformitjT^ with the laws of the State of Illinois, or to any 
person to whom the deceased, for not less than ten years prior to 
death, stood in the acknowledged relation of a parent, or to any 
lineal descendant born in lawful wedlock, in every such case the rate 
of tax shall be one dollar on every hundred dollars of the clear 
market value of such property received by each person and at 
and after the same rate for every less amount, provided that any 
estate which may be valued at a less sum than twenty thousand 
dollars shall not be subject to any such duty or taxes, and the 
tax is to be levied in above cases only upon the excess of twenty 
thousand dollars received by each person. When the beneficial 
interests to any property or income therefrom shall pass to or for 
the use of any uncle, aunt, niecfe, nephew or any lineal descendant 
of the same, in every such case the rate of such tax shall be two 
dollars on every one hundred dollars of the clear market value of 
such property received by each person on the excess of two thou- 
sand dollars so received by each person. In all other cases the 
rate shall be as follows: On each and every hundred dollars of 
the clear market value of all property and at the same rate for 
any less amount; on all estates of ten thousand dollars and less, 
three dollars; on all estates of over ten thousand dollars and not 
exceeding twenty thousand dollars, four dollars; on all estates 
over twenty thousand dollars and not exceeding fifty thousand 
dollars, five dollars, and on all estates over fifty thousand dollars, 
six dollars: Provided, that an estate in the above case which may 
be valued at a less sum than five hundred dollars shall not be 
subject to any duty or tax. 

§ 2. When any person shall bequeath or devise any property 
or interest therein or income therefrom to mother, father, husband. 



REVENUE. 303 



wife, brother and sister, the widow of the son, or a lineal descend- 
ent during the life or for a term of years or remainder to the 
collateral heir of the decedent, or to the stranger in blood or to 
the body politic or corporate at their decease, or on the expiration 
of such term, the said life estate or estates for a term of years 
shall not be subject to any tax and the property so passing shall 
be appraised immediately after the death at what was the fair 
market value thereof at the time of the death of the decedent in 
the manner hereinafter provided, and after deducting therefrom 
the value of said life estate, or term of years, the tax transcribed 
by this act on the remainder shall be immediately due and pay- 
able to the treasurer of the proper county, and, together with the 
interests thereon, shall be and remain a lien on said property 
until the same is paid: Provided, that the person or persons or 
body politic or corporate beneficially interested in the property 
chargeable with said tax elect not to pay the same until they shall 
come into the actual possession or enjoyment of such property, or, 
in that case said person or persons or body politic or corporate 
shall give a bond to the people of the State of Illinois in the 
penalty three times the amount of the tax arising upon such 
estate with such sureties as the county judge may approve, condi- 
tioned for the payment of the said tax, and interest thereon, at 
such time or period as they or their representatives may come 
into the actual possession or" enjoyment of said property, which 
bond shall be filed in the office of the county clerk of the proper 
county: Provided, further, that such person shall make a full, 
verified return of said property to said county judge, and file 
the same in his office within one year from the death of the 
decedent, and within that period enter into such securities and 
renew the same for five years. 

§ 3. All taxes imposed by this act, unless otherwise herein 
provided for, shall be due and payable at the death of the deced- 
ent, and interest at the rate of six per cent, per annum shall be 
charged and collected thereon for such time as said taxes is not 
paid: Provided, that if said tax is paid within six months from 
the accruing thereof, interest shall not be charged or collected 
thereon, but a discount of five per cent, shall be allowed and 
deducted from said tax, and in all cases where the executors, ad- 
ministrators or trustees do not pay such tax within one year from 
the death of the decedent, they shall be required to give a bond 
in the form and to the effect prescribed in section two of this act 
for the payment of said tax, together with interest. 

§ 4. Any administrator, executor or trustee having any charge 
or trust in legacies or property for distribution subject to the 
said tax shall deduct the tax therefrom, or if the legacy or prop- 
erty be not money he shall collect a tax thereon upon the appraised 
value thereof from the legatee or person entitled to such property, 
and he shall not deliver or be compelled to deliver any specific 
legacy or property subject to tax to any person until he shall 
have collected the tax thereon, and whenever any such legacy 



304 EEVENUE. 



shall be charged upon or payable out of real estate, the heir or 
devisee, before payiog the same, shall deduct said tax therefrom 
and pay the same to the executor, administrator or trustee, 
and the same shall remain a charge on such real estate 
until paid, and the payment thereof shall be enforced by the 
executor, administrator or trustee in the same manner that the 
said payment of said legacies might be enforced, if, however, such 
legacy be given in money to any person for a limited period, he 
shall retain the tax upon the whole amount, but if it be not in 
money, he shall make application to the court having jurisdiction 
of his accounts to make an apportionment, if the case requires it,, 
of the sum to be paid into his hands by such legatees, and for sach 
furtlier order relative thereof as the case may require. 

§ 5. All executors, administrators and trustees shall have full 
power to sell so much of the property of the decedent as will 
enable them to pay said tax, ia the same manner as they may be 
enabled to do by law, for the payment of duties of their testators 
and intestates, and the amount of said tax shall be paid as here- 
inafter directed. 

§ 6 Every sum of money retained by any executor, adminis- 
trator or trustee, or paid into his hands for any tax on any prop- 
erty, shall be paid by him within thirty days thereafter to the 
treasurer of the proper county, and the said treasurer or treas- 
urers shall give," and every executor, administrator or trustee shall 
take, duplicate receipts from him of said payments, one of which 
receipts he shall immediately send to the State Treasurer, whose 
duty it shall be to charge the treasurer so receiving the tax with 
the amount thereof, and shall seal said receipt with the seal of 
his office and countersign the same and return it to the executor, 
administrator or trustee, whereupon it shall be a proper voucher 
in the settements of his accounts, but the executor, administra- 
tor or trustee shall not be entitled to credit in his accounts or 
be discharged from liability for such tax unless he shall purchase 
a receipt so sealed and countersigned by the treasurer and a copy 
thereof certified by him. 

§ 7. Whenever any of the real estate of which any decedent 
may die seized shall pass to any body politic or corporate, or to 
any person or persons, or in trust for them, or some of them, it 
shall be the duty of the executor, administrator or trustee of such 
decedent to give information thereof in writing to the treasurer 
of the county where said real estate is situated, within six 
months after they undertake the execution of their expectt^d duties, 
or if the fact be not known to them within that period, then 
within one month after the same shall have come to their knowl- 
edge. 

§ 8. Whenever debts shall be proved against the estate of the 
decedent after distribution of legacies from which the inheritant 
tax has been deducted in compliance with this act, and the legatee 
is required to refund any portion of the legacy, a proportion of 
the said tax shall be repaid to him by the executor or adminis- 



REVENUE. 305 



trator, if the said tax has not been paid into the State or county 
treasury, or by the county treasurer if it has been so paid. 

§ 9. AVhenever any foreign executor or administrator shall 
assign or transfer any stocks or loans in this State standiug in 
the name of desedent, or in trust for a decedent, which shall be- 
liable to the said tax, such tax shall be paid to the treasury or 
treasurer of the proper county on the trransfer thereof; otherwise 
the corporation forming such transfer shall become liable to pay 
such taxes, provided that such corporation has knowlfdge before 
such transfer that said stocks or loans are liable to such taxes. 

§ 10. When any amount of said tax shall have been paid 
erroneously to the State treasury, it shall be lawful for him, on 
satisfactory proof rendered to him by said county treasurer of 
said erroneous payments, to refund and pay to the executor, 
administrator or trustee, person or persons, who have paid any 
such tax in error, the amount of such tax so paid: Provided, 
that all applications for the repayment of said tax shall be made 
within two years from the date of said payment. 

§ 11. In order to fix the value of property of persons whose 
estate shall be subject to the payment of said tax, the county ■ 
judge, on the application of any interested party, or upon his own 
motion, shall appoint some competent person as appraiser as often 
as, or whenever, occasion may require, whose duty it shall be 
forthwith to give such notice by mail to all persons known to 
have or claim an interest in such property, and to such persons 
as the county judge may by order direct, of the time and place 
he will appraise such property, and at such time and place to 
appraise the same at a fair market value, and for that purpose 
the appraiser is authorized by leave of the county judge to use 
subpoenas for and to compel the attendance of witnesses before 
him, and to take the evidence of such witnesses under oath con- 
cerning such property and the value thereof, and he shall make a 
report thereof and of such value in writing to said county judge, 
with the depositions of the witnesses examined and such other 
facts in relation thereto, and to said matter as said count}' judge 
may by order require to be filed in the office of the clerk of said 
county court, and from this report the said county judge shall 
forthwith use and fix the then cash value of all estates, annuities 
and life estates or terms of years growing out of said estate, and 
the tax to which the same is liable, and shall immediately give 
notice by mail to all parties known to be interested therein. Any 
person or persons dissatisfied with "the appraisement or assess- 
ment may appeal therefrom to the county court of the proper 
county within sixty days after the making and filing of such 
appraisement or assessment, on paying the given security proof 
to the county judge to pay all costs, together with whatever taxes 
that shall be fixed by said court. Th-- said appraiser shall be 
paid by the county treasurer out of any funds he may have in 
his hands on account of said tax, on the certificate of the county 



—20 



306 EEVENUE. 



judge, at the rate of three dollars per day for every day actually 
and necessarily employed in said appraisement, together Avith his 
actual and necessary traveling expenses. 

§ 12. Any appraiser appointed by this act who shall take any 
fee or reward from any executor, administrator, trustee, legatee, 
next of kin or heir of any decedent, or from any other person 
liable to pay said tax or any portion thereof, shall be guilty of a 
misdemeanor, and upon conviction in auy court having jurisdiction 
of misdemeanors, he shall be fined not less than two hundred and 
fifty dollars nor more than five hundred dollars and imprisoned 
not exceeding ninety days, and in addition thereto the county 
judge shall dismiss him from such service. 

§ 13. The county court in the county in which the real property 
is situated, of the decedent who was not a resident of the Slate, or 
in the county of which the deceased was a resident at the time of 
his death, shall have jurisdiction to hear and determine all ques- 
tions in relation to the tax arising under the provisions of this 
act, and the county court first acquiring jurisdiction hereunder 
shall retain the same to the exclusion of every other. 

§ 14. If it shall appear to the county court that any tax accru- 
ing under this act has not been paid according to law, it shall 
issue a summons summoning the persons interested in the prop- 
erty liable to the tax to appear before the court on a day certain 
not more than three months after the date of such summons, to 
show cause why said tax should not be paid. The process, prac- 
tice and pleadings and the hearing and determination thereof, and 
the judgment in said court in such cases shall be the same as 
those now provided or which may hereafter be provided in pro- 
bate cases in the county courts in this State and the fees and 
costs in such cases shall be the same as in probate cases in the 
county courts of this State. 

§ 15. Whenever the treasurer of any county shall have reason 
to believe that any tax is due and unpaid under this act, after the 
refusal or neglect of the person interested in the property liable 
to pay said tax, to pay the same, he shall notify the State's At- 
torney of the pr(>per county, in writing, of such refusal to pay 
said tax, and the State's Attorney so notified, if he has proper 
cause to believe a tax is due and unpaid, shall prosecute the pror 
ceeding in the county court in the proper county, as provided in 
section 14 of this act, for the enforcement and collection of such 
tax, and in such case said court shall allow as costs i^ the said 
case such fees to said attorney as he may deem reasonable. 

§ 16. The county 3udge and county clerk of each county shall, 
every three months, make a statement in writing to the county 
treasurer of the county of the property from which, or the party 
from whom, he has reason to believe a tax under this act is due 
and unpaid. 

§ 17. Whenever the county judge of any county shall certify 
that there was probable cause for issuing a summons, and taking 



REVENUE, 307 



the proceediot^s specified in section 14 of this act, the State Treas- 
urer shall pay or allow to the treasury of any county all expenses 
incurred for service of summons and his otlaer lawful disburse- 
ments that has not otherwise been paid. 

§ 18. The treasurer of the State shall furnish to each county 
judge a book in which he shall enter the returns made by ap- 
praisers, the cash value of annuities, life estates and terms of years 
and other property fixed by him, and the tax assessed thereon and 
the amounts of any receipts for payments thereof filed with him, 
which books shall be kept in the ofl&ce of the county judge as a 
public record. 

§ 19. The treasurer of each county shall collect and pay the 
State Treasurer all taxes that may be due and payable under this 
act, who shall give him a receipt therefor, of which collection and 
payment he shall make a report under oath to the Auditor of 
Public Accounts on the first Monday in March and September of 
each year, stating for what estate paid, and in such form and con- 
taining such particulars as the Auditor may prescribe, and for all 
said taxes collected by him and not paid to the State Treasurer 
by the first day of October and April of each year, he shall pay 
interest at the rate of ten per cent, per annum. 

§ 20. The treasurer of each county shall be allowed to retain 
two per cent, on all taxes paid and accounted for by him under 
this act, in full for his services in collecting and paying the same, 
in addition to his salary or fees now allowed by law. 

§ 21. Any person, or body politic or corporate shall upon the 
payment of the sum of fifty cents, be entitled to a receipt from 
the county treasurer of any county or the copy of the receipt, at 
his option, that may have been given by said treasurer for the 
payment of any tax under this act, to be sealed with the seal of 
bis ofiice, which receipt shall designate on what real property, if 
any, of which any deceased may have died seized, said tax has 
been paid and by whom paid, and whether or not it is in fall of 
said tax and said receipt may be recorded in the clerk's office of 
said county in which the property may be situated, in the book to 
be kept by said clerk for such purpose. 

§ 22. The lien of the collateral inheritance tax sball continue 
until the said tax is settled and satisfied: Provided, that said lien 
shall be limited to rhe property chargeable therewith: And, pro- 
vided, further, that all inheritance taxes shall be sued for within 
five years after they are due and legally demandable, otherwise 
they shall be presumed to be paid and cease to be a lien as 
against any purchasers of real estate. 

§ 23. All laws or parts of laws inconsistent herewith be, and 
the same are hereby, repealed. 

Appeoved June 15, 1895. 



308 



EOADS AKD BEIDGES, 



EOADS AND BEIDGES. 



COMMISSIONERS OF HIGHWAYS — EMINENT DOMAIN. 

§ 1. Enables commissioners of highways to exercise the right of eminent domain to procure 
material for constructing roads. 

An Act io enable commissioners of highways to condemn lands 
under the right of eminent domain, for the purpose of procur- 
ing rock, gravel or other material for building or repairing 
public roads. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That commissioners of 
highways, for the purpose of constructing, maintaining or repair- 
ing gravel, rock or other roads, and for procuring material there- 
for, may enter upon lands of others, doing no more damage than 
the necessity of the case may require, and take therefrom such 
material as is necessary for the construction or repair of said 
roads: Provided, that such commissioners of highways, their em- 
ployes or teams shall not enter upon such lands for the purpose 
stated in this act withoit having paid or tendered the amount of 
damages allowed or agreed upon: And, provided, further, if such 
commissioners of highways and the party or parties owning or 
controlling the lands to be entered upon or from which material 
is to be taken cannot agree as to the amount of damage or value 
of such material, that the .amount of damage shall be determined 
as provided for in the law for exercising the right of eminent 
domain. 

Appeoved June 21, 1895. 



DESTRUCTION OF NOXIOUS WEEDS. 



§ 4. Failure to comply with pro- 
visions of act — Penalty. 

§ 5. Expense, how paid. 



§ 1. Amends the act of 1879 by adding thereto 
sections as follows: 

I 3. Commissioners of highways 
and county commissioners 
in counties not under town- 
ship organization to de- 
stroy annually all noxious 
weeds. 

An Act to amend sections one {!) and two (2) of an act entitled 
"An act requiring the destruction of the cockle burr weed or 
plant," approved May 31, 1879, and by adding thereto sections 
3, 4 and 5. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That sections one 
(1) and two (2) of an act entitled "A.n act requiring the de- 
struction of the cockle burr weed or plant," approved May 31st;, 



ROADS AND BRIDGES, 309 



1879, in force July 1st, 1879, be amended, and sections three, 
four and five be added thereto, so that the same shall read as 
follows: 

Section 3. The commissioners of highways in their respective 
tosvns, and the county commissioners in counties not under town- 
ship organization, shall annually, at the proper season to prevent 
the spread of the same, destroy or cause to be destroyed, all 
cockle burrs Canada thistles, Kussian thistle and all other kinds of 
thistles, or other noxious weeds, growing brush or plants growing 
on or upon their respective highways within their jurisdiction. 

§ 4. The commiseioners of highways of any town, and the 
county commissioners of any county not under township organi- 
zation, failing to comply with the provisions of the preceding sec- 
tion of this act, shall be liable to a fine of not less than ten (10) 
dollars nor more than twenty- five (25) dollars for each season in 
which they neglect the requirements of this act, to be recovered 
in any proper form of action before any justice of the peace of 
the county where such neglect occurs. 

§ 5. The expense of exterminating said weeds from the 
highways shall be paid from the road and bridge fund of the re- 
spective townships by the treasurer of the commissioners of high- 
ways, or in couoties not under township organization to the county 
treasurer thereof, upon the filing with him by the commissioners 
of highways a sworn itemized statement of the cost and expenses 
thereof. 8uit for the recovery o£ the fines herein provided for 
may be prosecuted for in the name of the township or county in 
which the highway or lands lie, and upon the filing of a com- 
plaint in writing, sworn to before any justice of the peace of said 
county by a taxpayer of the township or county where such high- 
way or lands lie, and such fines, when collected, to be paid to the 
township treasurer of the respective townships, or in counties hav- 
ing no township organization to the county treasurer, for the use 
of the road and bridge fund of such town and county. 

Approved June 21, 1895. 



TO PROVIDE A METHOD FOR THE ABOLITION OF THE POLL TAX. 

§ 1. Amends section 11 of the act of 1883 by providing that the poll tax may be abolished by the 

voters of any town . 

An Act io amejid section eleven {11) of an act entitled "An act 
in regard to roads and bridges in counties under ioivnship 
organization, and to repeal an act and parts of an act therein 
named," approved June 23, 1883, in force July 1, 1883. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That section eleven 
(11) of an act entitled "An act in regard to roads and bridges in 
counties under township organization, and to repeal an act and 
parts of an act therein named," approved June 23, 1883, in force 
July 1, 1883, be, and is hereby, so amended so as to read as fol- 
lows: 



310 SCHOOLS. 



Section 11. At this meeting they shall make out a list of able- 
bodied men in their town between the ages of twenty-one (21) 
and fifty (50) years and deliver the same to their treasurer on or 
before the first day of May in each year, assess at such meeting 
against such person upon such list a sum of not less than one (1) 
nor more than two (2) dollars, as a poll tax for highway purposes, 
to be paid to such treasurer by the first Monday of June of each 
year: Provided, that paupers, idiots, lunatics and such others as 
are exempt by law shall not be compelled to pay a poll tax for 
highway purposes: Providea, also, that this list shall not include 
persons within the limits of cities or incorporated villages. They 
shall within ten (10) days after such list is delivered to their 
treasurer cause written or priuted notices to be given to each 
person so assessed, notifying him of the time when and place 
where such tax must be paid, and if this poll tax shall not be paid 
by the first Monday of June in such year it shall be the duty of the 
commissioners, in the name of the town, to bring suit therefor 
against such persons before some justice of the peace having 
jurisdiction thereof. Summons shall be issued and returned in the 
same manner as provided by law in other cases. If judgment is 
rendered against defendant the court shall find in such judgment 
that the same is for poll tax unpaid, and shall endorse the same 
on the execution, if one is issued. No property belonging to the 
defendant shall be exempt from levy to satisfy such execution: 
Provided, also, that on petition of not less than twenty-five (25) 
legal voters of any town in this State in counties where township 
organization has been or may be hereafter adopted, asking to have 
the proposition to abolish the poll tax submitted to the legal 
voters of said town, and file with the town clerk not less than 
fifteen (15) days before the regular town meeting of said board, 
then the town clerk shall state in the notice of the annual town 
meeting that the legal voters of such town may vote by ballot for or 
against the payment of a poll tax, and if a majority of all the 
ballots cast are against the payment of a poll tax, then that part 
of this section which provides for the levying of a poll tax shall 
no longer be in force in such town. 

Approved June 21, 1895. 



SCHOOLS. 



KINDERGARTEN SCHOOLS. 

S ]. School districts, upon authorization by § 2. Teachers' certificates, 
a majority of votes cast at an election 
for that purpose, to establish kinder- 
garten schools. 

An Act authorizing school districts managed by hoards of edu- 
cation and directors to establish and maintain Jdndergarten 
schools. 

Section 1. Be it enaded by the People of the State of Illi- 
nois, represented in the General Assembly: That in addition to 



SCHOOLS. oil 



other grades or departments now established and maintained in 
the public schools of the State, any school district managed by a 
board of education or a board of directors is hereby empowered 
when authorized by a majority of all the votes cast at an election 
for that purpose, such election to be called and held in accordance 
with the provisions of Article IX of an act entitled "An act to 
establish and maintain a system of free schools," approved and in 
force May 21, 18 S9, to establish in connection with the public 
schools of such district, a kindergarten or kindergartens for the 
instruction of children between the ages of four and six years, to 
be paid for in the same manner as other grades and departments 
now established and maintained in the public schools of such dis- 
trict. No money accruing to such district from the school tax fund 
of the State shall be used to defray the tuition or other expenses 
of such kindergarten but the same shall be defrayed from the local 
tax and the special school revenue of said district. 

§ 2. All teachers in kindergartens established under this act 
shall hold a certificate issued as provided by law, certifying that 
the holder thereof has been examined upon kindergarten principles 
and is competent to teach the same. 

Appegved April 17, 1895. 



TEACHERS. 



§ 1. Amends section 3 article VII of the act of 1889, b y inserting provisions respecting teachers 

of special studies. 

An Act io amend seciion ihree of article seven of an act entitled 
"An act to establish and maintain a system of free schools," 
approved and in force May 21, 1889. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the (jieneral Assembly : That section three 
of article seven of an act entitled "An act to establish and main- 
tain a system of free schools," approved and in force May 21, 
1889, be, and the same is hereby, amended so as to read as fol- 
lows: 

Section 3. It shall be the duty of the county superintendent to 
grant certificates to such persons as may, upon due examination, 
be found qualified. Said certificates shall be of two grades; those 
of the first grade shall be valid in the county for two years, and 
shall certify that the person to whom such certificate is given is 
of good moral character, and is qualified to teach orthography, 
reading in English, penmanship, arithmetic, English grammar, 
modern geography, the elements of the natural sciences, the his- 
tory of the United States, physiology and the laws of health. 
Certificates of the second grade shall be valid for one year and 
shall certify that the person to whom such certificate is given is 
of good moral character and is qualified to teach orthography, 



312 EEVENUE. 



reading in English, penmanship, arithmetic, English grammar, 
modern geography and the history of the United States: Provided, 
that teachers exclusively teaching music, drawing, penmanship, 
bookkeeping, German or any other special study shall not be re- 
quired to be examined except in reference to such speciil study, 
and in such cases it shall not be lawful to employ such teachers 
to teach any branch of study except such as they have been ex- 
amined upon, and which shall be stated in the certificate. The 
county superintendent may, in his option, renew said certificates 
at their expiration by his endorsement thereon, and may revoke 
the same at any time for immorality, incompetency or other just 
cause. Said certificates may be in the following form, viz.: 

, Illinois, , A. D 

The undersigned, having examined in. orthography, 

reading in English, penmanship, arithmetic, English grammar, 
modern geography, the history of the United States and methods 
of teaching, and being satisfied that is of good moral char- 
acter, hereby certifies that qualifications in the above 

branches are such as to entitle to this certificate, being of 

the .... grade, and valid in said county for .... year .... from the 
date hereof, renewable at the option of the county superintendent 
by his endorsement thereon. 

Given under my hand and seal at the date aforesaid. 

A. B., 

County Superintendent of Schools. 

Appeoved June 21, 1895. 



teachers' pension and retirejment fund. 

§ 5. Powers of trustees. 



§ 6. Special fund— How created — How and 
when drawn. 

§ T. Custodian of fund. 

§ 8. Removals— Contributions refunded to 
teacliers 



I 1. Teacliers' and employe's' pension and re- 
tirement fund in certain cities — How 
created. 

§ 2. Board of trustees — Administration and 
investment of fund. 

§ 3. Retirement. 

§ 4. Annuity. 

An Act to provide for the formation and disbursement of a 
public school teachers' and public school employes' pension and 
retirement fund in cities having a population exceeding one 
hundred thousand inhabitants. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the board of edu- 
cation, in cities having a population exceeding one hundred 
thousand inhabitants, shall have power, and it shall be the duty 
of said board, to create a public school teachers' and public school 
employes' pension and retirement fund, and for that purpose set 
apart the following moneys, to- wit: 



SCHOOLS. 313 



1. An amount not exceeding one per cent, per annum of the 
respective salaries paid to teachers and school employes elected by 
such board of education, which amount shall be deducted in equal 
installments from said salaries at the regular times for the pay- 
ment of such salaries. 

2. All moneys received from donations, legacies, gifts, bequests, 
or otherwise, oq account of said fund. 

3. All moneys which may be derived from any and all sources: 
Provided, however, that no taxes shall ever be levied or an ap- 
propriation of public money be made for said fund except as 
herein provided. 

§ 2. The board of education together with the superintendent 
of schools, and two representatives to be Felected annually by the 
teachers and employes of the public schools under control of said 
board, shall form a board of trustees, a majority of whom shall 
determine the amount to be deducted from the salaries paid to 
teachers and employes as aforesaid, and shall have charge of, and 
administer said fund and shall have power to invest the same as 
shall be deemed most beneficial to said fund, in the same manner 
and subject to the same teims and conditions as township treas- 
urers are permitted to invest school funds in article four (4) of 
an act entitled "An act to establish and maintain a system of 
free schools," in force May % 1889, and shall have power to make 
payments from said fund of annuities granted in pursuance of 
this act, and shall from time to time make and establish such 
rules and regulations for the administration of said fund as they 
ehall deem best. 

§ 3. Said board of education shall have power by a majority 
vote of all its members to retire any female teacher or other 
female school employe who shall have taught in public schools, 
or rendered service therein, for a period aggregating twenty years, 
and any male teacher or male school employe who shall have 
taught or rendered service for a period aggregating twenty-five 
years, and such teacher or school employ^ also shall have the 
right after said term of service to retire and become a benefici- 
ary under this act: Provided, however, that three-fifths of said 
term of service shall have been rendered by said beneficiary with- 
in the limits of the municipality where said board of education 
has jurisdiction. 

§ 4. Each teacher and school employ^ so retired or retiring 
shall thereafter be entitled to receive as an annuity one-half of 
the annual salary paid to said teacher or employe at the date of 
such retirement, said annuity to be, paid monthly during the 
school year: Provided, however, that such annuity shall not 
exceed the sum of six hundred dollars (1600) which shall be paid 
by said board of education out of the fund created in accordance 
with this act, in the manner provided by law for the payment of 
salaries. 



314 SCHOOLS. 



§ 5. Said board of trustees is hereby given the power to use 
both the principal and income of said fund for the payment of 
annuities hereinbefore mentioned, and shall have power to reduce, 
from time to time, the amount of all annuities: Provided, that 
such reduction shall be at the same rate in all cases. 

§ 6. The president and secretary of such board of education 
shall certify monthly to the city treasurer all amounts deducted 
from the salaries of teachers, special teachers, principals and em- 
ployes of the board of education, in accordance with the provisions 
of this act, which amount, as well as all other moneys contributed to 
said fund, shall be set apart and held by said treasurer as a 
special fund, for the purposes hereinbefore specified, subject to 
the order of said board of education, superintendent of schools, 
and two representatives, as aforesaid, and shall be paid out upon 
warrants signed by the president and secretary of said board of 
education. 

§ 7. The city treasurer shall be custodian of said pension fund„ 
and shall secure and safely keep the same subject to the control 
and direction of said board of trustees, and shall keep his books 
and accounts concerning said fund in such manner as may be 
prescribed by the said board. And said books and accounts shall 
always be subject to the inspection of the said board or any mem- 
ber thereof. The treasurer shall within ten days after his elec- 
tion or appointment, execute a bond to the city with good and 
sufficient securities in such penal sum as the said board shall 
direct to be approved by the said board, conditioned for the faith- 
ful performance of the duties of his office, and that he will safely 
keep, and well and truly account for all moneys and profits which 
may come into his hands as such treasurer, and that on the expira- 
tion of his term of office he will surrender and deliver over to 
his successor all unexpended moneys and all property which may 
have come into his hands as treasurer of such fund. Such bond 
shall be filed in the office of the clerk of such city, and in case 
of a breach of the same, or the conditions thereof, suit may be 
brought on the same in the name of said city for the use of said 
board of trustees or of any person or persons injured by such 
breach. 

§ 8. No teacher or other school employ^, who has been or who 
shall have been elected by said board of education, shall be 
removed or discharged, except for cause upon written charges, 
which shall be investigated and determined by the said board ol 
education, whose action and decision in the matter shall be final. 
If .at any time a teacher or school employe who is willing to con- 
tinue is not re-employed or*^s discharged before the time when 
he or she would under the provisions of this act be entitled to a 
pension, then such teacher or school employe shall be paid back 
at once all the money, with interest, he or she may have contri- 
buted under the law. 

Appeoved May 31, 1S95. 



SLANDER AND LIBEL. 315 



TOWNSHIPS — TRUSTEES OF SCHOOLS. 

§ 1. Amends section 2, article III, of the act of 1889, by providing for consolidation whenever any 
fractional townships contain less than 200 instead of 40 minor inhabitants. 

An Act to amend section two, article three of "An act to estab- 
lish and maintain a system of free schools," appraised and in 
force May 21, 1889. . 

[Section 1.] Be it enacted hy the People of the State of Illi- 
nois, represented in the General Assembly: That section two, 
article three of "Aii act to establish and maintain a system of free 
schools," approved and in force May 21, 1889, be amended to 
read as follows: 

Section 2. Whenever any fractional township contains less than 
two hundred (200) persons under twenty one (21) years of age 
the trustees thereof, upon petition of a majority of the adult in- 
habitants of such fractional township may, by written agreement, 
entered into with the board of trustees of any adjacent township, 
consolidate the territory school funds and other property of such 
fractional township, with such adjacent township, and thereafter 
shall cease to exercise the functions of school trustees for such 
fractional township, and such territory school funds and other 
property aforesaid shall thereafter be managed by the board of 
trustees of such adjacent and consolidated township, in accordance 
with the terms of agreement' aforesaid, in the same manner as is 
or may be provided by law for the management of territory funds 
and other property of school townships: Provided, that the said 
written agreement shall only be signed by a majority of the said 
trustees and filed for record by the said trustees in the ofiice of 
the county clerk of the county in which such consolidated town- 
ship, or greater part thereof, is situated. 

Approved June 21, 1895, 



SLANDEE AND LIBEL. 



IN RELATION TO LIBEL. 

§ 1. Action against n^spapers— Only actual I §2. Exemplary or punitive damases—Retrac- 
damages to be recovered— Retraction. tion. 

An Act in relation to libel. 

Section 1. Be it enacted by the People of the State q/ Illi- 
nois, represented in the General Assembly: That in any action 
brought for the publication of a libel, in any newspaper in this 
State, the plaintiff shall recover only actual damages if it shall 
appear at the trial of such action that such publication was made 
in good faith and that there were reasonable grounds for believing 
that the statements set forth in such publication were true, and 



316 8TATE MILITIA. 



that its falsity was due to mistake or misapprehension of facts, 
and that in the next two regular issues of said newspaper, after 
said mistake or misapprehension was brought to the knowledge of 
the publisher or publishers of such newspaper, whether before or 
after suit brought, a correction or retraction was published in as 
conspicuous a manner and place in said newspaper is was the 
libel. 

§ 2. No exemplary or punitive damages shall be recovered in 
any action brought for the publication of a libel in any newspaper 
in this State, unless the plaintiff shall, before bringing suit, give 
notice in writing to the defendant to publish a retraction or cor- 
rection of the libel, and shall, before bringing suit, allow the de- 
fendant a reasonable time in which to publish such retraction or 
correction. Proof of publication of such retraction or correction 
shall be admissible in evidence, under the general issue, in mitiga- 
tion of damages and in evidence of the good faith of the defend- 
ant, provided that the retraction or correction shall be published in 
as conspicuous a manner and place in said newspaper as was the 
libel: Provided, that the provisions of this act shall not apply to 
the case of any libel against any candidate for a public office in 
this State, unless the retraction of the charge is made editorially 
in a conspicuous manner at least ten (10) days before the election. 

Appeoved June 24, 1895. 



STATE MILITIA. 



ENROLLMENT OF THE NATIONAL GUARD. 

§ 1. Amends section 3, article 1 of tlie Military Code, by making allowance for an additiona 

batallion of infantry. 

An Act to amend section 3, article 1, of an act to provide for 
the organization of the State militia and entitled "The Military 
Code of Illinois approved May 28, 1S79, in force July 1, 1879. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly. That section 3, article 1, of 
an act entitled "An act to amend section 3, article 1, of an act to 
provide for the organization of the State militia and entitled 'The 
Military Code of Illinois,' approved May 28, 1879, in force July 
1, 1879," be amended to read as follows: 

•7 [Section 3.] "The active militia shall be designated as the 'Illi- 
nois National Guard,' and shall consist of not more than eighty-eight 
(88) companies of infantry, two batteries of artillery, and two 
troops of cavalry, to be organized into brigades, regiments, 
batallions and companies, and shall be recruited by volunteer en- 
listments. The Commander-in-Chief may transfer, consolidate, 
:muster out, disband, and make such other changes in the organi- 



TOWNSHIP ORGANIZATION. 317 



zation of \he Illinois National Guard, from time to time, as the 
best interests of the service may require. Enlistments therein 
shall be for three years, re-enlistments, after three years' service, 
for one or more years, and shall be made by signing enlistment 
papers prescribed by the Adjutant General, and by taking the 
following oath or affirmation, which may be administered by any 
commissioned officer, to-wit: 

"You do solemnly swear (or afiirm) that you will bear true 
allegiance to the United States and the State of Illinois, and you 
will support the Constitution thereof; that you will serve the 
State of Illinois faithfully in its military service for the term of 
three years unless sooner discharged, or you cease to be a citizen 
thereof; that you will obey the orders of the Commander in- Chief 
and such officers as may be placed over you, and the laws gov- 
erning the military forces of the State of Illinois, so help you God." 

Appeoved June 21, 1895. 



TOWNSHIP OEGANIZATION. 



ASSESSORS — TOAYNSHIP BOARD — ELECTION. 

§ 1. Amends section 1 of the act of 1893 by reducing the maximum population of townsMpa 

affected, from 100,000 to 80,000. 

An Act to amend section one (1) of an act entitled "An act to 
provide for the election of assessors in townships containing not 
less than forty thousand (40,000) and not more than one hun- 
dred thousand (100,000) inhabitants, in couniies under township 
organization, and fixing the compensation of such assessoi^s," 
approved June 19, 1893, in force Jidy 1, 1893. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section one (1) of 
an act entitled "An act to provide for the election of assessors in 
townships containing not less than forty thousand (40,000) and 
not more than one hundred thousand (100,000) inhabitants in 
counties under township organization, and fixing the compensation 
of such assessors," approved June 19, 1893, and in force July 1, 
1893, be and the same is hereby amended to read as follows: 

On the first Tuesday of April in the year of 1894 there shall 
be elected in townships containing a population of not less than 
forty thousand (40,000) nor more than eighty thousand (80,000) 
inhabitants, in counties under township organization, a board of 
three (3) assessors, one of which shall hold his office for the term 
of one year, one for the term of two years, and one for the term 
of three years, which respective terms shall be determined among 
them by lot in the presence of the town clerk after the result of 
such election had been canvassed and declared and before such 



318 TOWNSHIP OEGANIZA.TION. 



assessors have been qualified, and the result of such determination 
by lot shall be duly recorded by such town clerk in the township 
records; that after such first election one member of such board 
shall be elected each year at the annual town election, who shall 
hold his office for a term of three years and until his successor 
is duly elected and qualified; that the compensation of such assess- 
ors shall be one thousand two hucdred dollars (SI, 200) per annum 
each, payable quarterly on the order of the town board of 
auditors. 

Appeoved June 21, 1895. 



COMMISSIONERS OF HIGHWAYS. 

Amend section 16, of Article 1, of the Act of 1874, by providing for the subdivision of townships 
into three road commissioners' districts. 

An Act to amend section sixteen {16) of article one (1) of an 
act entitled "An act to revise the law in relation to township 
organization,'' approved and in force March 4, 1874. 

Section 1. Be it enacted hy the People of the State of Illi- 
nois, represented in the General Assembly: That section six- 
teen (16) of an act entitled ."An act to revise the law in relation 
to township organization," approved and in force March 4, 1874, 
be and the same is hereby amended so as to read as follows: 

Section 16. Of the commissioners of highways elected at the 
first election one shall hold his office 'for one year and one for 
two years and the other for three years, to be determined between 
them by lot before entering upon the duties of their office and 
until their respective successors are elected and qualified, and it 
shall be the duty of the commissioners of highways, together with 
the town clerk and supervisor, to meet within ten days after the 
next town meeting after the passage of this act in each town and 
divide each township into three districts, to be known as road 
commissioners' districts numbers one, two and three, dividing the 
township as near into three equal divisions as possible, taking into 
consideration extent of territory and population in making and 
forming boundaries of such districts and a plat of each district 
to be filed in 1he office of the town clerk of said town. Che pur- 
pose of such division is to have the different portions of each 
township represented by a commissioner of highways who is a 
resident of such district, and when a vacancy occurs such vacancy 
shall be filled either by election or appointment, as the case may 
be, by a resident of said district where such vacancy occurs. 

Approved June 21, 1895. 



TRADE MARKS. 319 



POWERS OF COUNTY BOARD. 

§ 1. Amends section 1 of the amended act of 1874, by providing for alteration of boundaries in 
creation of new town upon petition of three-fourths of the legal voters residin;^ in a ter- 
ritory of not less than ten square miles. 

An Act to amend section one of article three of "JLn act to re- 
vise the law in relation to township organization" approved 
and in force March 4, 1874, as amended June 4, 1889, in force 
July 1,' 1889. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section one of article 
three of "An act to revise the law in relation to township organi- 
zation," approved and in force March 4, 1874, and amended June 
4, 1889, in force July 1, 1889, be amended so as to read as follows: 

Section 1. The county board of each county shall have full and 
complete power and jurisdiction to alter the boundarie3 of towns, 
to change town lines, and to divide, enlarge and create new towns, 
in their respective counties, to suit the convenience of the inhabi- 
tants residing therein, and it shall be the duty of the county 
board to make such alterations of the town boundaries and create 
a new town whenever in any territory of not less than ten square 
miles not less than three-fourths of the voters residing in such 
territory shall petition for such new town: Provided, hocvever, 
the county board shall give notice thereof by posting up notices 
in not less than five of the most public places of the town inter- 
ested, at least sixty days before their final action; also, by publish- 
ing such notice at least three times in some newspaper published 
in the county wherein said towns are situated, if any shall be 
published therein: Provided, further, that no incorporated town 
shall be divided, except consent thereto is given by a majority of 
all the electors in said town, notice that the question of dividing 
said town will be submitted to the legal voters thereof having 
been given by the county clerk at the same time and in the same 
manner as the notice of said general election. 

Approved June 21, 1895. 



TEADE MAEKS. 



PROTECTION OF 



§ 2. Penalties for counterfeiting, etc. 

§ 3. Filed and recorded in the office of the Sec- 
retary of State . 



§ 1. Amends the act of 1891 by rewriting sec- 
tions as follows: 

§ 1. Protection of label, trade mark, term, 
design, device or form of advertisement. 

An Act to amend sections one (1), two (2) and three (3) of an 
act entitled "An act to protect associations, unions of working 
men and persons in their labels, trade marks and forms of 
advertising," approved May 8, 1891, in force July 1, 1891. 

Section 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly: That sections one (1), two 



320 TRADE MARKS. 



(2) and three (3) of an act entitled "An act to protect associa- 
tions, unions of workingmen and persons in their labels, trad© 
marks and forms of advertising," approved May 8, 1891, in force 
July 1, 1891, be, and the same are hereby, amended so as to read 
as follows, to-wit: 

Section 1. Whenever any person, or any association or union 
of workingmen, has heretofore adopted or used, or shall hereafter 
adopt or use, any label, trade mark, term, design, device or form 
of advertisement for the purpose of designating, making known or 
distinguishing any goods, wares, merchandise or other product of 
labor as having been made, manufactured, produced, prepared, 
packed or put on sale by such person or association or union of 
workingmen, or by a member or members of such association or 
union, it shall be unlawful to counterfeit or imitate such label, 
trade mark, term, design, device or form of advertisement, or to 
use, sell, offer for sale, or in any way utter or circulate any 
counterfeit or imitation of any such labels, trade mark, term, de- 
sign, device or form of advertisement. 

§ 2. Whoever counterfeits or imitates any such label, trade 
mark, term, design, device or form of advertisement, or sells, offers 
for sale or in any way utters or circulates any counterfeit or imi- 
tation of any such label, trade mark, term, design, device, or form of 
advertisement, or knowingly uses any such counterfeit or imitation, 
or knowingly sells or disposes of or keeps or has in his possession, 
with intent that the same shall be sold or disposed of, any goods, 
wares, merchandise or other product of labor to which any such 
counterfeit or imitation is attached or affixed, or on which any 
such counterfeit or imitation is printed, painted, stamped or im- 
pressed, or knowingly sells or disposes of any goods, wares, mer- 
chandise or other product of labor contained in any box, case, 
can or package to which or on which any such counterfeit or 
imitation is attached, affixed, printed, painted, stamped or impressed, 
or keeps or has in his possession, with intent that the same shall 
be sold or disposed of, any goods, wares, merchandise or other 
product of labor, in any box, case, can or package to which or on 
which any such counterfeit or imitation is attached, affixed, printed, 
painted, stamped or impressed, shall be punished by a fine of not 
less than one hundred (100) dollars, nor more than two hundred 
(200) dollars, or by imprisonment for not less than three (3) 
months nor more than one (1) year, or by both such fine and 
imprisonment. 

§ 3. Every such person, association or union that has li ere to- 
fore adopted or used, or shall hereafter adopt or use, a label, 
trade mark, term, design, device or form of advertisem-^nt, as pro- 
vided in section one (1) of this act shall file the same for record 
in the office of the Secretary of State, by leaving two (2) copies, 
counterparts or fac-similes thereof with said Secretary, and by filing 
therewith a sworn statement specifying the name or names of the 
person, association or union on whose behalf such label, trade mark, 
term, design, device or form of advertisement shall be filed, the class 



UNITED STATES FLAGS. 321 



of merchandise and a particular description of the goods to which it 
has been or is intended to be appropriated, that the party so filing, 
or on whose behalf sach label, trade mark, term, design, deviie 
or form oE advertisemeat shall be filed, has the ri^ht to the use 
of the same, and that no other person, firm, association, union or 
corporation has the right to such use either in the identical <orm 
or in any such near resemblance thereto as may b^ calculated to 
deceive, and that the fac-simile copies or count-^.rparts tiled there- 
with are true and correct. There shall be paid for such filing 
and recording a fee of one (I) dollar. Any person who shall for 
himself, or on behalf of any other person, associations or union, 
procure the filing of any label, trade mark, term, design, device or 
form of I advertisement in the office of the Secretary of State, 
under the provisions of this act, by making any false or fraudu- 
lent representations or declarations, verbally or in writing, or by 
any fraudulent means, shall be liable to pay any damages sus- 
tained in consequence of any such filing, to be recovered bv or 
on behalf of the party injured thereby in any court having juris- 
diction, and shall be punished by a fine not exceeding two hundred 
(20D) dollars or by imprisonment nor exceeding one year, or both 
such fine and imprisonment. The Secretary of State shall deliver to 
such person, association or union so filing or causing to be filed any 
such label, trade mark, term, design, device or form of advertisment 
so many duly attested certific^ates of the recording of the same as 
such person, association or union may apply for, for each of 
which certificates said Secretary shall receive a fee of one (1) 
dollar. Any such certificate of record shall in all suits and pros- 
ecutions under this act be sufficient proof of the adoption of such 
label, trade mark, term, design, device or form of advertisement. 
Said Secretary of State shall not record for any person, union or 
association any label, trade mark, term, design, device or form of 
advertisement that would reasonably be mistaken for any label, trade 
mark, term, design, device or form of advertisement theretofore 
filed by or on behalf of any other person, union or association. 

Approved June 13, 1895. 



UNITED STATES FLAGS. 



TO BE PLACED ON PUBLIC BUILDINGS. 



§ 4. Penalty. 

§ 5. Prosecutions under this act. 



§ 1. On school houses, colleges and educational 
institutions. 

§ }i. County boards to provide flag's. 

§ 3. On penal, reformatory and State chari- 
table institutions. 

An Act fo provide for placing United States national flogs on 
school houses, court houses and other public buildings in the 
State. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented iii the General Assembly: That it shall be 
—21 



322 UNITED STATES PLAGS. 



the duty of all school directors and boards of education of all 
public schools m the State, and trustees and boards of director& 
of all colleges and educational institutions of every description in 
this State, whether State, county, municipal, district, sectarian or 
private to provide United States national flags of not less than 
four by eight feet in size, and cause the same to be unfurled and 
kept floating from a suitable flag-staff to be placed on the top of 
all public school houses, college buildings and all buildings used 
for educational purposes in this State, whether the same be con- 
ducted by the State, or by county, township, municipal, district,, 
sectarian, corporation or private authority, on each and every day 
when such schools, colleges and educational institutions are in 
session, from nine o'clock A. M. to four o'clock P. M., in each 
and every year. 

§ 2. It shall be the duty of the board of supervisors in counties 
under township organization, and the board of commissioners in 
counties not under township organization, to provide United State© 
national flags of not less than four by eight feet in size, to be un- 
furled and kept floating from a suitable flag-staff to be placed on 
the top of the court house in their respective counties, and it is 
hereby made the duty of the sheriff of each and every county in 
the State to see that the flag so provided shall be hoisted on its 
flagstaff above the court house and kept floating from eight o'clock 
A. M. to five o'clock P. M., on each and every day of the year. 

§ 3. The commissioners and trustees of all penal and reforma- 
tory and State charitable institutions of this State shall provide 
United States national flags of not less than ten by twenty feefc in 
size and cause the same to be unfurled and kept floating above 
the said penal and reformatory and State charitable institutions or on 
a suitable flag pole, in each and every day in the year, from eight 
o'clock A. M. to five o'clock P. M. : Provided, that the flags used 
by any and all of the State institutions, as provided for in this 
act, shall be paid for out of the funds appropriated for the run- 
ning expenses of said institutions, the same as other necessary 
supplies are bought and paid for: And, provided, further _, that 
flags for use over public school buildings and court houses are 
hereby declared to be necessary supplies and may be paid for out 
of the public funds of the respective school districts and counties. 

§ 4. If any of the persons named in this act, whose duty it 
shall be to provide flags for and have the same placed in position- 
over the several buildings, as provided for in this act, shall refuse 
or neglect to so p-ovide flags and have them placed in position as 
required by this act, or if the sheriff of any county in this State 
shall refuse or neglect to place the flag so provided in position 
over the court house in the county in which he is sheriff, shall 
each and every one of them, be deemed guilty of a misdemeanor,, 
and on conviction thereof be fined not less than three nor 
more than ten dollars and costs of suit for each- and every day 
that they shall so neglect or refuse to comply with the provisions 
of this act. 



UNITED STATES FLAGS. 323 



§ 5. Prosecutions uuder this act shall be by complaint or in- 
formation and be tried by any court of competent jurisdiction 
under the same rules as other misdemeanors: Provided, that fines 
collected under this act shall be paid into the school fund of the 
district and into the county treasury of the county wherein this 
act has been violated: And, provided, further, that State's Attor- 
neys shall be entitled to a fee o£ five dollars for each conviction 
under this act, to be collected as part of the cost of the suit, ex- 
cept where an appeal is taken from the justice's court to county 
or circuit court, then in that case the State's Attorney shall be 
entitled to ten dollars for each conviction, to be collected as part 
of the costs of the suit. 



This bill, having remained with the Governor for a period of ten days, Sundays excepted, after 
the adjournment of the General Assembly, and he not having filed it with his objections thereto ia 
the office of the Secretary of State, It becomes a law in like manner as if he had signed it. 

Witness my hand this 36th day of Jane, A. D. 1895. 

W. H. HINRICHSEN, 

Secretary of State, 



ON SCHOOL HOUSE!?. 

§ 1. To be upon all public school houses, or § 3. Penalty. 

within the school grounds. 
§ 3. Expenses— How paid. 

An Act to require ike United States flag to he placed upon all 
public buildings in Illinois, or upon a flag pole erected within 
the school grounds surrounding such school buildings. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the directors or 
board of education of every school district in the State of Illi- 
nois, shall have power, and it is hereby made their duty, to cause 
to be erected and to keep in repair upon all public school houses 
or within the school grounds surrounding such public school 
buildings, which may be in their respective school districts, a 
good and sufficient flag-staff or pole, together with all necessary 
adjustments, and that they shall provide a United States flag of 
suitable proportions, which shall be floated from such flag-staff or 
pole during the school hours of such days as the school may be 
in session, and as a majority of the pupils attending said school 
may determine: Provided, that the flag shall not be hoisted dur- 
ing any day when a violent storm or inclement weather would 
destroy or materially injure such flag. 

§ 2. Such flag- staff or pole adjustments and repairs and all 
necessary flags shall be paid for from any school moneys not 
otherwise appropriated, which may be in the hands of the town- 
ship treasurer for the use of any school district in which such 
expenditures have been made. 

§ 3. Any person or persons, who shall willfully injure, defac© 

or destroy any flag, flag-staff or pole, or adjustments attached 

'thereto, erected and arranged for the purpose of carrying out the 



324 UNIVERSITIES, COLLEGES,, ACADEMIES, ETC. 



requirements of this act, shall be deemed guilty of a midemeauor, 
and upon conviction, shall be fioed not less than one (1) dollar 
nor more than fifteen (15) dollars. 



This bill, having remained with the Governor for a period of ten days. Sundays excepted, after 
the adjonrnment of the General Assembly, and he not having filed it with his objections thereto 
in the office of the Secretary of State, it becomes a law in like manner as if he had signed it. 
Witness my hand this 26th day of June, A. D. 1S95. 

AV. H. HINRICHSEN, 

Secretary of State. 



UNIVEESITIES, COLLEGES, ACADEMIES, ETC. 



ANNUAL INSPECTIONS OF EDUCATIONAL INSTITUTIONS. 

§ 3. Committee to visit departments. 



§ 4. Graduates to be breveted second lieuten- 
ants. 



§ 1. Institutions at which U. S. Army officer 
is detailed declared posts of National 
Guard. 

§ 2. Teachers commissioned as staff officers in 
National Guard— Eanli. 

An Act io provide for ilie annual inspection of ihe several de- 
partmenis of ihe universities, colleges, academies and oilier 
educational institutions organized under ihe laws of the State 
of Illinois. 

Section 1. Be it enacied hy the People of the State of Illinois, 
represented in ihe General Assembly: That whenever any uni- 
versity, college, academy, or other educational institution, regu- 
larly incorporated under and bj^ virtue of the laws of the State 
of Illinois, wherein military science and instruction are made a 
part of the courses of study, and are regularly taught in said in- 
stitution, and wherein there is detailed by the War Department, 
at Washington, D. C, an officer from the U. S. Army as pro- 
fessor of military science and tactics, the Governor of Illinois is 
hereby authorized, on the application of the said university, 
college, academy or other educational institution, signed by the 
chancellor, president, superintendent, or other presiding officer, 
under the seal of the said institution, to declare the said institu- 
tion a post of the Illinois iSational Guard. 

§ 2. The Governor is herebj^ authorized and directed to ap- 
point and commission as staff officers of the Illinois National 
Guard, the officers of the said university, college, academy or 
other educational institution, as follows: The chancellor, president, 
superintendent, or other presiding officer, as colonel; the vice- 
president, principal . or other officer second in authority, lieuten- 
ant-colonel; the commandant, or officer in charge of the military 
department, as major; the quartermaster as major, the surgeon as 
major, the adjutant as captain, the assistant surgeon as captain, 
and the male professors, members of the faculty, as captains. 



UNIVEKSITIES, COLLEGES, ACADEMIES, ETC. 



325 



§ 3. The Governor shall annually appoint a committee of three 
members, one of whom shall be appointed on the recommen- 
dation of the Adjutant General, one on the recommendation of the 
State Superintendent of Public Instruction, and one on the rec- 
ommendation of the president of the State Board of Health, with 
a view to their proficiency in the several departments indicated, 
and the said committee shall during the school year, and while 
the said institutions are in session, visit all of the said educational 
institutions so declared posts of the Illinois National Guard, and 
make a thorough inspection of their military departments, their 
discipline, courses of study and educational department, and their 
sanitary condition, and report to the Governor the result of said 
inspection. 

§ 4. The graduates of the said university, college, academy or 
other educational institution, shall be elligible to appointment as 
brevet second lieutenants in the Illinois National Guaril, and may 
be commissioned as such and assigned to companies at the discre- 
tion of the Governor, upon the recommendation of the inspecting 
officers and of the commanding officer of the company to which 
any graduate may be assigned, not exceeding one to each company. 

This bill, havinp: remained with the Governor for a period of ten days (Sundays eTceptedl after 
the adjouinnient ol the General Assembly, and he nol having filed it with his objectioDs thereto in 
the office of the Secretary of State, it becvnies a law in like manner as il he had signed it. 



Witness my hand this 26th day of June, A. D. 1895. 



W. H. HINRICHSEX, 

Secrekinj of Sia/c. 



STATE SCIIOLARSHIFS IN UNIVERSITY OF ILLINOIS. 



§ 6. Candidates eligibility. 

§ 7. Leave of absence to earn funds. 

§8. Notices of examination. 

§ 9. Students to be subject to all ruleis, re- 
quirements, etc. 

§ 10 Construction of act — Free scholarships. 



§ 1. Scholarship to be awarded annually to 
each county. 

§ 2. Competitive examination. 

§ 3. Questions. 

I 4. Candidates failing to pass or to claim 
privileges. 

§5. Certificate of examination. 

An Act to provide for state scholarships in the University of 
Illinois, and the manner of awarding the same. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That to equalize the 
advantages of the University of Illinois to all parts of the State, 
there shall be awarded annually, as hereinafter provided, to each 
county of the State one State scholarship, which shall entitle the 
holder thereof, who shall be a resident of the senatorial district 
to which he is accredited, to instruction in any or all depart- 
ments of said University of Illinois for a term of four years, free 
from any charge for tuition or any incidental charge, unless such 
incidental charges shall have been made for materials used or for 
damages needlessly done to property of the university : Provided, 



326 UNIVERSITIES, COLLEGES, ACADEMIES, ETC. 



that in counties having two or more senatorial districts there 
shall be awarded annually one additional scholarship for each of 
said senatorial districts. 

§ 2. A competitive examination under the direction of the 
Superintendent of Public Instruction shall be held at the county 
court house in each county of the State upon the first Saturday 
of June in each and every year by the county superintendent of 
schools, upon such branches of study as said Superintendent of 
Public Instruction and the president of said university may deem 
best. 

§ 3. Questions for such examinations shall b*^ prppared and 
furnished by the president o£ the university to the Superinten- 
dent of Public Instruction, who sball attend to the printing and 
distribution thereof to the several county superintendents of 
schools prior to such examinations. 

§ 4. In CRse any candidate who shall be awarded a scholar- 
ship shall fad to pass the entrance examination to the university, 
or shall fail to claim the privileges of such scholarship, or, having 
claimed the privileges, shall be expelled, or for any reason shall 
abandon his riglit to or vacate such scholarship, either before or 
after entering thereupon, then the candidate certified to be next 
entitled in the same county shall become entitled to the same. 
In case any scholarship belonging to any county shall not be 
claimed by any candidate resident in that county, the Superin- 
tendent of Public Instruction may till the same by appointing 
some candidate first entitled to a vacancy in some other county, 
after notice has been served upon the county superintendent of 
said first mentioned county. 

§ 5. The county superintendents shall, within ten days after 
such examination, make and file in the orlice of the Superin- 
tendent of Public Instruction cn'tificates, in which they shall 
name all the candidates examined and specify the order of their 
excellence, and such candidates shall, in the order of their ex- 
cellence, become entitled to the scholarships belonging to their 
respective counties. The examination papers handed in by each 
candidate shall also be filed with the certificate of examination. 

§ 6. Candidates, to be eligible to said scholarship, shall be at 
least sixteen years of age, and shall have been 6ono fide residents 
of their respective counties for at least one year immediately pre- 
ceding the examination. 

§ 7. Any student holding a State scholarship, and who shall 
make it appear to the satisfaction of the president of the univer- 
sity that he requires leave of absence for the purpose of earning 
funds to defray his expenses while in attendance, may, in the 
discretion of the president, be granted such a leave of absence, 
and may be allowed a period not exceeding six years from the com- 
mencement thereof for the completion of his course at said uni- 
versity. 



WILLS. 327 



§ 8. Notices oE the time and place of the examination shall be 
given in all the schools havia,^ pupils elis^ible thereto, prior to 
the first day of January in each year. The Saperintendent of 
Public Instruction shall attend to the giving of the notices herein- 
before provided for. He may, in his discretion, direct that the 
■examination ia any county may be held at some other time and 
place thau that hereinbefore specified. He shall keep full records 
in his department of the reports of the different examiners, show- 
ing the age, postoffice address and standing of each candidate, 
and shall notify candidates of their rights under this act. He is 
hereby charged with the general supervision and direction of all 
matters in connection with the filling of such scholarships. He 
shall determine any controve rsy which may arise under this act. 

§ 9. Students enjoying the privileges of State scholarships shall, 
in common with other students of said university, be subject to 
all the examinations, rules and requirements of the board of trus- 
tees and faculty, except as herein provided. 

§ 10. Nothing herein contained shall be construed to prevent 
the board of trustees of said university from granting such other 
free scholarships as, in their discretion, may be deemed best. 

Approved June 24, 1895. 



WILLS. 



CONTEST or WILL IN CHANCERY. 

§ 1. Amende section 7 of the act of 1872 by reducing the time within which validity may be con- 
tested from three to two years, and omitting ferries covert and persons absent from the 
State from those under disabilities. 

An ACT io amend section seven (7) of an act entitled ''An act in 
regard to ivills," approved March 20, 1872, in force July 1, 

1872. 

Section 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly: That sections seven (7) of 
an act entitled "An act in regard to wills," approved March 20, 
1872, in force July 1, 1872, be, and the same is hereby, amended 
to read as follows: 

Section 7. When any will, testament or codicil shall be ex- 
hibited in the county court for probate thereof, as aforesaid, it 
shall be the duty of the court to receive probate of the same 
without delay, and to grant letters testamentary thereon to the 
person or persons entitled, and to do all other needful acts to 
enable the parties concerned to make settlement of the estate at 
as early a day as shall be consistent with the rights of the re- 
spective persons interested therein: Provided, however, that if 
any person interested shall, within two (2) years after the probate 



828 WILLS. 



of any such will, testament or codici], in the county court as 
aforesaid, appear, and by his or her bill in chancery, contest the 
validity of the same, an issue at law shall be made up, whether 
the writing produced be the will of the testator or testatrix or 
not, which shall be tried by a jury in the circuit court of the 
county wherein such will, testament or codicil shall have been 
proven and recorded as aforesaid, according to the practice in 
courts of chancery in similar cases, but if no such person shall 
appear within the time aforesaid, the probate as aforesaid shall 
be forever binding and conclusive on all of the parties concerned, 
saving to infants, or non compos mentis, the like period after the 
removal of their respective disabilities. And in all such trials by 
jury, as aforesaid, the certificate of the oath of the witnessess at 
the time of the first probate shall be admitted as evidence, and 
to have such weight as the jury shall think it may deeerve. 

Appkoved April 11, 1895. 



JOINT RESOLUTIONS. 329' 



JOINT RESOLUTIONS. 



ADDITIONAL C03IPENSATI0N TO ELEVATOR CONDUCTORS. 

Wheeeas, In consideration of the arduous duties performed by 
the elevator condu^iors during the sittings of the General A-Ssemblvy 
it has always heretofore been customary to provide for an increase 
in the per diem of the persons assigned to the elevator service, 
said persons being borne on the pay rolls at the per diem of 
two dollars per day, only, and 

Whereas, Louis Chaffee, Eugene Barton, Charles E. Crum, 
John Highfield and Daniel T. Sullivan have been engaged in the 
performance of the duties aforesaid at the per diem hereinbefore 
mentioned, and therefore ehtitled to receive the additional com- 
pensation allowed to employes assigned to the elevator service on 
account of the arduous duties and also on account of the hazard 
and danger incident thereto; therefore, be it 

Resolved, by the Senate, the House of Be presenfatives con- 
curring herein: That for the purpose of paying said indebtedness, 
the Auditor of Public Accounts be, and he is hereby, authorized 
to compute the aggregate of said indebtedness to the before men- 
tioned persons, severally, for services rendered by them during" 
this present session at the rate of one dollar per day in addition 
to the per diem hereinbefore mentioned and referred to, and that 
he is authorized and directed to dcaw his warrants in their favor, 
severally, for such sam as may respectively be due them here- 
under, and the State Treasurer shall pay the same out of any 
moneys not otherwise appropriated. 

Adopted by the Senate June 11, 1895. 

Concurred in by the House June 14, 1895. 



ADJOURNMENT FROM JANUARY 24 TO JANUARY 29. 

Resolved, hy the Senate, the House of Representatives concur- 
ring herein: That when the Senate and House of Representa- 
tives adjourn to- day, they stand adjourned until 10 o'clock, Tues- 
day, January 29, 1895. 

Adopted by the Senate January 24, 1895. 

Concurred in by the House January 24, 1895. 



330 JOINT RESOLUTIONS. 



ADJOURN^IENT FROM MARCH 29 TO APRIL 3. 

Resolved, by the Senate, the House of Representatives concurring 
herein: That when the two Houses abjourn on Friday, March 
29, 1895, they stand adjourned until Wednesday, April 3, 1895, at 
10 o'clock, a. m. 

Adopted by the Senate March 27, 1895. 

Concurred in by the House March 27, 1895. 



ADJOURNMENT FROM APRIL 12 TO APRIL 17. 

Resolved, by the Senate, the House of R'^.presentatives concur- 
ring herein: That when the Senate and House of Representa- 
tives adjourn on Thursday, April 11, 1895, they stand adjouriied 
io AVednesday, April 17, 1895, at 10 o'clock, a. m. 

HOUSE AMENDMENT. 

Amend the resolution by striking out the words, Thursday, 
April 1], and inserting in lieu thereof the words, Friday, April 12. 

Adopted by the Senate April 10, 1895. 

Amended by the House April 11, 1895. 

Amendment concurred in by the Senate April 11, 1895. 



ADJOURNMENT, SINE DIE. 

Resolved, by the House of Representatives, the Senate concurring 
iherein: That when the House and Senate adjourn on the 14th 
day of June, 1895, they stand adjourned without day. 

Adopted by the House May 16, 1895. 

Concurred in by the Senate May 22, 1895. 



ALLOWING THE UNIFORMED RANK KNIGHTS OF PYTHIAS TO OCCUPY CAMP 

LINCOLN. 

Whereas, The Illinois Brigade of the Uniform Rank Knights 
of Pythias is desirous of holding its annual encampment for the 
year 1895 at the city of Spriugtield, and 

Whereas, The said Illinois Brigade Uniform Rank Knights of 
Pythias has no tents or camp equipage with which to properly 
conduct said encampment, therefore 

Resolved, by the House of Representatives, the Senate concur- 
ring therein: That the Adjutant General of the State, with the 
approval of the Governor, be and is hereby authorized and directed 
to allow the said Illinois Brigade Uniform Rank Knights of 
Pythias to use, for the purpose of said encampment, the grounds 



JOINT RESOLUTIONS. 33 L 



of the state, knowQ as Cimp Lincoln, with a sufficient number of 
State tents and appurtenances, bed sacks and other camp equipage, 
■cooking and table utensils, horse equipments, etc., as will accom- 
modate said Illinois Bfigade Uniform Rank Knights of Pjthias 
at such time during the summer of 1895 as the commanding 
officers of said brigade shall desire, and after the use thereof by 
the Illinois National Gaard in its annual encampment: Pro- 
vided, That the officers of said Illinois Brigade Uniform 
Hank Knights of Pythias, making requisition for said property as 
above shall execute and deliver to the said Adjutant Genera], a 
good aad sufficient bond, in double the valne of said property of 
the State, providing for the payment of all expenses connected 
•with the supply and return of said property and for any loss or 
•damage tlie State may sustain in said property, by reason of the 
use of the same as above. 



Adopted by the House March 8, 189.5. 
Concurred in by the Senate "March 12, 1895. 



AMENDMEKT TO THE CONSTITUTION. 

Resolvpd, h'j the House of Representatives, the Senate concur- 
ring herein: That there shall be submitted to the voters of this 
State at the next election of members of the General Assembly a 
proposition to amend the constitution of this State, to- wit: 

Resolved, That section 2 of article fourteen (14) of said consti- 
tution be amended to read as follows: 

Section 2. Amendments to this constitution may be proposed 
in either house of the General Assembly, and if the same shall be 
voted for by two-thirds of all the members elected to each of the 
two houses, such proposed amendments, together with yeas and 
nays of each house thereon, shall be entered in full on their re- 
spective journals, and said amendments shall be submitted to the 
electors of this State for adoption or rejection rt the next election 
of members of the General Assembly in such manner as may be 
prescribed by law. The proposed amendments shall be published 
in full at least three (3) months preceding the election, and if a 
majority of the electors voting at said election shall vote for the 
proposed amendments, they shall become a part of this consti- 
tution. But the General Assembly shall have no power to pro- 
pose amendments to m )re than three (3) articles of this consti- 
tution at the same session, nor to the same article, oftener than 
once in two years. 

Adopted by the House by a two-thirds vote May 9, 1895. 

Concurred in by the Senate by a two-thirds vote June 14, 1895. 



332 JOINT RESOLUTIONS. 



CARRIERS ENGAGED IN INTER-STATE COMMERCE. 

Be it resolved, by the House of Representatives, the Senate con- 
ciii^ring therein: That our senators and representatives in con- 
gress from this State be requested to vote for the immediate con- 
sideration and passage of a measui'e now pending, known as 
House Bill No. b556, as amended by Committee on Labor, con- 
cerning carriers engaged in inter-state commerce ani their em- 
ployes, and that the clerk of this House be requested to at once 
have printed and mailed to each member in congress and eacL 
senator from Illinois, a copy of this resolution. 

Adopted by the House February 13, 1895. 

Concurred in by the Senate February 14, 1895. 



CLAI3IS UNDER SWAMP LAND GRANT. 

Whereas, The claim of this State, against the government of 
the United States for indemnity due the State under the Swamp' 
Land Grant, has never been adjusted or paid, but has been with- 
held for nearly half a century upon one pretext and another, and 

Whereas, A bill is now pending before the Senate of the- 
United States, known as Senate Bill No. 1777, providing for the 
settlement of the claims of this and other states arising under the 
several acts of congress relating to swamp lands, and 

Whereas, Said bill, as printed, contains clauses and amend- 
ments, which, if not eliminatfd by amendment, will defeat and. 
render nugatory the purpose of said bill as stated in the title 
thereof, therefore, 

Resolved, by the Senate, the House of Representatives concur- 
ring tierein: That said bill, except lines twenty- seven to forty, in- 
clusive, of section one, and that part of section two, beginning- 
with the word "and" in line eight of said section, down to and in- 
cluding the word "investigation" in line twenty-six of said section 
two, meets with our approval, and that said bill, if the above 
designated portions are stricken out, wil], ii: it becomes a law, re- 
sult in a fair, just and equitable settlement of the aforesaid 
claims. 

Resolved, furtlier: That our senators and representatives in. 
congress be, and they are hereby, lequested to use all honorable- 
means to secure the passage of said bill, amended in the manner 
and form above set forth. 

Adopted by the Senate February 20, 1895. 

Concurred in by the House February 21, 1895. 



JOINT RESOLUTIONS. 333 



COMMITTEE TO ATTEND THE FL'NERAL OF THE HONORABLE WALTER Q. 

OKESHAM. 

Resolved, by ihe Senate, ihe House of RepreseniaUves concur- 
ring herein: That a committee of nine members of the House and 
seven of the Senate, of which committee the presiding officers of 
ihe respective houses shall be members, be appointed to represent 
the General Assembly at the funeral services of the Honorable 
Walter Q. Gresham, late Secretary of State, of the United States. 

Adopted by the Senate May 29, 1895. 

Concurred in by the House May 29, 1895. 



COMMITTEE TO EXAMINE ENROLLED BILLS. 

Resolved, by the Senate, the House of Representatives concur- 
7'ing herein: That a committee of two from the Senate and three 
from the House be appointed to remain 10 days, at the per diem 
now allowed them by law, after the adjournment of the Thirty- 
ninth General Assembly, to see that all bills passed are properly 
•enrolled and laid oefore the Governor for his consideration. 

Adopted by the Senate June 11, 1895. 

Concurred in by the House June 12, 1895, 



COMMITTEE TO PREPARE JOINT RULES. 

Resolved, hy ihe House of RepreseniaUves, ihe Senate concur- 
ring Jierein: That there shall be a j:)int committea, consisting of 
three members of the House and two of the Senate, to prepare 
and report joint rules for the regulation and conduct of business 
between the two Houses. 

Adopted by the House January 16, 1895. 

Concurred in by the Senate January 17, 1895. 



CONSTRUCTION OF THE ACT ESTABLISHING THE EASTERN ILLINOIS 
NORMAL SCHOOL. 

Resolved, hy ilie House of RepreseniaUves, ihe Senaie concurring 
herein: That section 10 of an act entitled "An act to establish 
and maintain the Eastern Illinois Normal School," be, and the 
same is hereby, construed and declared to mean that the territory 
embraced includes all the cjunties lying upon or traversed by the 
main line of the Illinois Central R. E. between Decatur and 
Sandoval, the main line of the Baltimore and Ohio S. TV. Ey. 
between Sandoval and Yiucenues and the main line of the Wabash 
E. E. between Decatur and Danville and the counties enclosed 
within the boundaries named above. 

Adopted by the House May 24, 1895. 

Concurred in by the Senate May 24, 1895. 



334 JOINT EESOLUTIONS. 



DEATH OF EDWARD L. M'DONALD. 

Whereas, We learned with the most profound regret, of the 
deatb of Honorable Edward L. McDonald, which occurred at his 
homp, in Jacksonville, Illinois, on the 2d day of Febraary, A. D. 
1894, and 

Wheeeas, He served with marked credit and honor as a member 
of the House of Representativ^es in the 34th General Assembly, 
and as a member of the Senate in the 36th and 37th General 
Assemblies, in addition to holding other public offices of honor 
and trust, therefore, be it 

Resolved, hy the Senate, the House of Representatives concur- 
ring therein: That by his death the State has suffered the loss 
of one of its most trustworthy, able and highly esteemed citizens, 
and public servants. 

Resolved, That his death in the prime of manhood is deeply 
felt and sincerely deplored, not alone by his family and the com- 
munity in which he resided, but also by the many friends through- 
out the State, who were attracted to him by the nobility of his. 
character. 

Resolved, That an engrossed copy of these resolutions be for- 
warded to the family of the deceased. 

Adopted by the Senate February 5, 1895. 

Concurred in by the House February 6, 1895. 



DEATH or FREDERICK DOUGLAS.. 

Be it resolved hy the House of Representatives, the Senate- 
concurring therein: That the General Assembly of the State of 
Illinois has this day learned, with deep sorrow, of the death of 
Frederick Douglas, the great editor, orator, liberator and states- 
man, who, by his own efforts and industry, transformed himself 
from the. condition of a slave to the estate of a freeman, from an 
untutored boy to an educated, intelligent and cultured man, and 
one of the leaders of the world's best thought and highest action. 
In recognition of the fact that he contributed largely to the over- 
throw of the slave system in the United States, and to the eman- 
cipation of thought and speech, to the enlargement of the theory 
and practice of free government, and to the personal liberty of 
the citizen, the General Assembly of the State of Illinois pays 
this tribute to his memory, and expresses its sense of the great- 
loss which the country has sustained by reason of his death. 

Adopted by the House February 21, 1895. 

Concurred in by the Senate February 28, 1895. 



JOINT RESOLUTIONS, 33;r 



DEATH OF JAMES W. SCOTT. 

Resolved, hy the House of Represenfafivcs, ihe Senate concurring 
therein: That the 39th General Assembly learus with profound sorrow 
of the sudden death of James W. Scott, publisher of "The Chi- 
cago Times-Herald." By his death American journalism is de- 
prived of one of its most intelligent, honorable and successful 
members; Illinois and her gr-^at Chicago, one of her best and most 
useful citizens, and mankind an always open handed friend — "one 
that loved his fellow men." 

Resolved, That the above resolution be entered upon the jour- 
nals of the House of Representatives and of the Senate, and that 
a copy of the same be forwarded by the Secretary of State, to the 
stricken wife, to whom the profound sympathy of this General 
Assembly is respectfully tendered. 

Adopted by the House April 17, 1895. 

Concurred in by the Senate April 17, 1895. 



DEATH or THE HONORABLE AV ALTER Q. GRESHAM. 

Whereas, The American people have learned with profound re- 
gret and feelings of the deepest sorrow of the death of the Secre- 
tary of State, the Honorable Walter Q. Gresham, which occurred in 
the city of Washington, on the 28th day of May, 1895, and 

Whereas, The life and life work of Mr. Gresham has been such 
as to endear him to every lover of liberty and sympathizer of 
American institutions, and has taught to the young manhood of 
America the possibilities that lie in the path of pluck, ambition, 
determination and honesty, therefore, be it 

Resolved, hy the members of the House of Representatives of 
ihe State of Illinois, the Senate concurring herein: That the 
people of Illinois recognize and pay tribute to Mr. Gresham's life 
as a soldier, a jurist and a statesman, and that we, the people of 
his adopted State, together with the people of this great country 
he loved and served, bow in sorrow at his death, and recognize 
that the cause of free government has lost one of its ablest cham- 
pions and the State of Illinois one of its noblest citizens. Be it 
further 

Resolved, That we extend to the bereaved family our tenderest 
sympathy and consideration, and that a copy of these resolutions 
be engrossed and mailed to the family, and that the resolutions be 
spread upon the records of this General Assembly. 

Adopted by the House May 28. 1895. 

Concurred in by the Senate May 28, 1895. 



336 JOINT EESOLUTIONS. 



ELECTION or -UNITED STATES SENATOR. 

Resolved, by the Senate, the House of Representatives concur- 
ring herein: That on Tuesday, the 22nd day of January, instant, at 
11 o'clock A. M., each house shall by itself and in the manner pre- 
scribed by sections 14 and 15 of the revised statutes of the United 
States, name a person for senator in Congress of the United States, 
from the State of Illinois, for a term of six years, from the 4th day 
of March A. D. 1895. 

And on Wednesday, the 23rd day oi January, instant, at 12 
o'clock meridian, the members of the two houses shall convene in 
joint assembly in the hall of the House of R'^presentatives, and 
in the manner prescribed by law, declare the person who has re- 
ceived a majority of the votes in each house, if any person has 
received such majority, duly elected senator to represent the State 
of Illinois in the Congress of the United States for the term afore- 
said. 

And if no person has received such majority, then proceed as 
prescribed in said law, in joint assembly, to choose a person for 
the purpose aforesaid. 

Adopted by the Senate January 16, 1895. 

Concurred in by the House January 16, 1895. 



ELECTRIC RAILWAY AT THE ELGIN ASYLUM. 

Be it resolved, by the Senate and House of Representatives of 
the State of Illinois: That the Board of Trustees of the Illinois 
Northern Hospital for the Insane, at Elgin, be, and they are 
hereby, instructed to petition the proper authorities and consent 
that The Carpentersville, Elgin and Aurora Railway Company, 
its successors and assigns, be granted the right to lay down and 
maintain a single or double track railway, with appurtenances, 
and to operate the same by electricity upon and along the public 
highway opposite and crossing the land of said The Illinois 
Northern Hospital for the Insane, at Elgin, in sections twenty- 
three and twenty-six in the township of Elgin, Kane county, 
Illinois. 

Adopted by the Senate June 14, 1895. 

Concurred in by the House June 14, 1895. 



FLAG ON STATE HOUSE. 

Whereas, The legislature in former years appropriated, a large 
amount of money for the purpose of building a State House, and 

Whereas, The Stats House was built in the beautiful city of 
Springfield, the capital city of our State, the home of the martyred 
Lincoln, who gave the crowning glory to our flag by his tragic 
death and 



JOINT RESOLUTIONS. 337 



Whereas, The said State House became a beauty and a joy 
forever, the pride of every lUinoisau, and an honor to our honored 
State, and 

Whereas, The Government of the United States, through its 
Congress, has adopted a flag, a national emblem, which has 
plucked the stars from the firmament and which reflects th:) 
etherial blue of the heavens, which proclaims liberty and freedom 
to all mankind, and under whose folds every American citizen is 
protected whether at home or abroad, whether on land or on sea, 
in whose defense thousands of our sons have laid down to their 
eternal sleep, and for whose preservation a large number of the 
members of this legislature, with many thousands more have 
tramped through field and flood, through sun and storms, through 
heat and cold, that they might hand this emblem of liberty down 
to their children, and that the government of the people, by the 
people and for the people, might not perish from the earth, 
and 

Whereas, The 39th General Assembly has seen with sorrow 
and regret the flag of our country, "Old Glorj," has not been 
and is not now floating over our beautiful Capitol building; 
therefore, be it 

Resolved, by the House of Representatives, the Senate con- 
curring : That the Secretary of State is hereby authorized and re- 
quested to purchase a United State's flag of suitable size, pro- 
vided he has not already got one in his keeping belonging to the 
State, and cause the same to be hoisted to the flagstaif above 
the dome of the State House, and to see that the same be kept 
floating from eight o'clock A. M. until five o'clock p. M. of each and 
every day in the 5 ear, except in very stormy days, and the Sec- 
retary of State is hereby authorized to use any money for the 
purchase of said flag that has been or that may hereafter be ap- 
propriated for his use for the purchase of supplies of the State 
House. 

Adopted by the House March 8, 1895. 

Concurred in by the Senate March 12, 1895. 



ILLINOIS REPORTS FOR CUJMBERLAND COUNTY. 

Whereas, The statutes of the State of Illinois provides for 
the distribution of the Eeports of the Decisions of the Supreme 
Court to the clerks of the courts of record in this State, and 

Whereas, The court house in Cumberland county was destroyed 
by fire in November, 1885, and the volumes of the Illinois Eeports 
so distributed to said county were therein destroyed, therefore, 
be it 

—22 



338 JOINT RESOLUTIONS. 



Resolved, by the Senate, the House of Representatives concur- 
ring therein; That the Secretary of State be, and he is hereby, 
authorized to purchase volumes 1 to 109 inclusive, of the Illinois 
Reports and deliver the same to the circuit clerk of said Cumberland 
county, and 

Wheeeas, The court house of Jersey county, Illinois was de- 
stroyed by fire and some of the volumes of the Illinois Supreme 
Court Reports were destroyed and lost by reason of said fire; 
therefore, be it 

Resolved, That the Secretary of State be, and he is hereby, 
authorized to furnish to said county the missing volumes to com- 
plete the set of Reports now owned by said county. 

Adopted by the Senate January 30, 1895. 

Amended and concurred in by the House January 31, 1895. 



MILITARY LAND GRANTS. 

Whereas, There is now pending in the Congress of the United' 
States a bill known as House Bill 8405, granting five per centum 
of the land sales on military land warrants to the public land 
states, and 

Whereas, This bill is of great interest to the people of this 
State, and if enacted into a law will benefit the people of this 
State; therefore, be it 

Resolved, hy the Senate of the State of Illinois, the House of 
Representatives concurring herein: That our Senators in Con- 
gress are hereby instructed, and our Representatives requested to 
vote for said bill, and to use all honorable means to secure its 
passage. 

Resolved, further: That the Secretary of the Senate and Clerk 
of the House furnish to each Senator and member of Congress 
an authenticated copy of these resolutions. 

Adopted by the Senate February 20, 1895. 

Amended and concurred in by the House February 21, 1895. 

Amendment concurred in by the Senate February 26, 1895. 



OUTLET FROM SPRING LAKE TO ILLINOIS RIVER. 

Whereas, It is represented to this body that the outlet from 
Spring Lake to the Illinois River mentioned in an act entitled 
"An act to appropriate money for the improvement of an outlet 
from Spring Lake to the Illinois River, approved May 17, 1877, 
in force July 1, 1877," for which the sum of sixty-two hundred 
(6,200) dollars was appropriated, has been and is now obstructed, 
and that said outlet is now in need of repair and improvement; 
therefore, be it 



JOINT RESOLUTIONS, 339 



Resolved, by the House of Representatives, the Senate concur- 
ring therein: That the State Board of Canal Commissioners of said 
State be, and are hereby, directed to remove or cause all such, 
obstructions to be removed from said outlet and make or cause to 
be made all necessary repairs or improvements thereon without 
unnecessary delay so as to afford the safe and convenient passage 
for canal boats or other water crafts to and from said lake to the Illinois 
Kiver. And said Canal Commissioners are further directed to at all 
times hereafter keep said outlet in proper and suitable condition 
to be useful for the purpose for which it was constructed by said 
State. 

Adopted by the House March 28, 1895. 

Concurred in by the Senate March 28, 1895. 



PENSION TO GEN. JOHN A. M CLERNAND. 

Whereas, There is now pending in the Congress of the United 
States a bill for the award of a pension to Major General John 
A. McClernand, of Illinois, and 

Whereas, General McClernand was one of the br&vest of the 
many brave soldiers from Illinois, who enlisted early in the war, 
threw the weight of his great influence at the very inception of 
the mighty conflict in favor of the Union, thus inspiring the 
people of this great State with his own lofty and enthusiastic 
patriotism, which was of immeasurable value to the cause of free- 
dom, and 

Whereas, His services in the army were of great value to the 
nation, and added luster to the fair name of Illinois; therefore, be it 

Resolved, hi] the House of Representatives of the State of Illi- 
nois, the Senate concurring therein: That the Senators from Illi- 
nois be iustru<;ted, and the members of Congress from this State 
be requested to do all in their power te secure the passage of the 
said bill, and the recognition, too long delayed, of his patriotic 
services. 

Resolved, further: That the Clerk of this House be directed to 
furnish each Senator and member of Congress from this State, and 
to General McClernand a copy of these resolutions. 

Adopted by the House January 18, 1895. 

Concurred in by the Senate January 23, 1895. 



340 JOINT RESOLUTIONS. 



PRINTING THE GOVERNOR'S BIENNIAL MESSAGE. 

Resolved, by the House of Represeniaiives, the Seyiate concur- 
ring therein: That the Secretary of State be, and is hereby, author- 
ized to have printed five thousand (5,000) copies of Governor 
Altgeld's biennial message for distribution among the members of 
this General Assembly. 

Adopted by the House January 10, 1895. 

Concurred in by the Senate January 11, 1895. 



RECORDS OF ILLINOIS SEAMEN IN V. S. NAVY. 

Wheeeas, There are no records in the Adjutant General's de- 
partment of this State of the men from Illinois who served in the 
United States Navy during the war of the Rebellion; therefore, 
he it 

Resolved, by the House of Represeyiiatives, the Senate concur- 
ring therein: That the Adjutant General be, and is hereby, in- 
structed to communicate with the Secretary of the Navy, Wash- 
ington, D. C, and procure the necessary records of the names of 
men so enlisted in the United States Navy from the State of 
Illinois. 

Adopted by the House June 6, 1895. 

Concurred in by the Senate June 11, 1895. 



TRANSFER OF LINCOLN MONUMENT, 

Whereas, House Bill No. 383, known as "The Lincoln Monu- 
ment Bill," will, by the signature of the Governor, become a law, 
and 

Whereas, Said bill provides for the transfer by "The Lincoln 
Monumental Association" to the State of Illinois, the monument 
with its sacred charge, and makes provision for the care and a 
custodian for the same; be it, therefore. 

Resolved, the Senate Goncurring herein: That the Speaker of the 
House, the Lieutenant Governor, and Honorable C. C. Brown, mem- 
bers of the Lincoln Monumental Association, be constituted a com- 
mittee to confer with the Honorable Eichard J. Oglesby, president 
of said association, a ad the Governor of Illinois, and to fix time 
and place for the public transfer of said monument and grounds 
to the care of the State and to perform such other duties as may, 
in their judgment, be necessary for the public observance of said 
event. 

Adopted by the House May 3, 1895. 

Concurred in by the Senate May 3, 1895. 



JOINT RESOLUTIONS. 341 



WAUKEGAN IIAKBOK. 

Whekeas, It is of paramount importance to the people of this 
State that the river and lake advantages within and adjacent to 
its boundaries be kept in proper condition for the carrying on of 
commercial enterprises between the citizens of this State and other 
states and countries, and 

Whereas, The harbor at Waukegan, Illinois, has been partially 
improved by the United States government but is yet in need of 
further improvement in order to fully meet the needs of lake 
shipping at that point, therefore, be it 

Resolved, by the Senate, the House of Representatives concur- 
ing herein: That our Senators in Congress be instructed and our 
Kepresentatives be requested to obtain from the general govern- 
ment an appropriation for the completion of the improvements 
begun in the harbor at Waukegan, Illinois. 

Resolved, further: That the "^secretary of the Senate and clerk of 
the House are hereby instructed to send certified copies of these 
resolutions to each of our Senators and Representatives in Congress 
assembled. 

Adopted by the Senate February 20, 1895. 

Amended and concurred in by the House February 20, 1895. 

Amendment concurred in by the Senate February 20, 1895. 



34:2 CEKTIFICATE. 



UNITED STATES OF AMERICA, ) ..^ 
State of Illinois. i' 

Office of the Secretary of State. 

I, William H. Hinrichsen, Secretary of State of the State of 
Illinois, do hereby certify that the foregoing Acts and Joint Eesolutions 
of the Thirty-ninth General Assembly of the State of Illinois, passed 
and adopted at the regular session thereof, are true and correst copies of 
.the original acts and joint resolutions, now on file in the office of the 
Secretary of State, save and except such words, letters and figures as are 
printed in brackets, thus* [ ]. 

In Witness Whereof, I hereto' set my hand and affix the 
[seal.] Great Seal of State. Done at the Capitol, in the City of 
Springfield, this 1st day of July, A. D. 1895. 





Secretary of State. 



INDEX. 



343 



INDEX TO LAWS. 



Page. 
ACKNOWLEDGEMENTS: 

Deeds, defects cured 129 

ADJUTANT "GENERAL: 

Appropriation, 28 55 

AGRICULTURE: 

Farmers' Institute 1 

ANIMALS: 

Domeetlc, running at large 4 

Horses, false entries in races 3 

Swine, running at large 6 

APPEALS AND ERROR: 

From judgment of justice 2J2 

APPROPRIATIONS: 

Adjutant General, 28 55 

Agriculture— 

State and county boards 7 

State Fair 8 

Ai-ylum for Incurable Insane 9 

Attorney General, 2? 54 

Auditor of Public Accoiinte, 28 53 

Bannon, Patrick R 11 

Battlefields, monuments 36 

Beadle, Elislia, 46.. 60 

Boards, State— 

Equalization, 21 54 

Health, 36 58 

Labor Statistics, 33 57 

Live Stock, 34 57 

Mine Examiners, 44 59 

Public Charities, 29 55 

Charitable Institutions — 

Act for ordinary expenses, general.... 12 

Act tor special purposes 13 

Blind, industrial Home 17 

Soldiers' Widows Home 23 

Clark, Mark 26 

Clark, Qiiicton, 46 60 

Conveying convicts to penitentiary, 18.. 53 

Conveying convicts to i>enitentiary 44 

Conveying female offenders to State 

Home, 16 53 

Conveying offenders to reformatory, 20. 54 

Copperas Creek dam, 47 60 

Copying contract, 12 53 

Cotton States and Interuational Exposi- 
tion 25 

Courts, 30 56 

Cowlin, J. A 27 

Oumminge, Thomas S, 46 60 

Dairymen's Association 27 



Page. 
APPROPRIATIONS— Cow^inwec?.- 

Drury, J. W., 47/2 60 

Eastern Illinois State Normal School. .. 63 

Entomologist, State 34 

Factoy Enspectors, 43 59 

Farmers' county institutes 28 

Fellows, Edward, 46 60 

Fish Commissioners, 35^ 58 

Flags for Capitol 14 53 

Ford, Tbouias, monument 37 

Freeman, Mrs Tranqnilla 29 

Freer, James, 46 60 

Fugitives from justice, 19 53 

General Assembly — 

Committee expenses 29,30 

Employe's 30,31 

Fortieth, 38 58 

Incidental expenses 33 

Governor, 1,5 51 

Greeley. Carleson and Company, 48 60 

Henry, Corporal Wm. E 32 

Horticultural Society 33 

Hospitals fob Insane — 

Ordinary expenses, general act 12 

Southern 18 

Special expenses, general act 13 

Western 18 

Hudson, Thomas, 46 60 

Hughes, Hugh J., 46 60 

Insurance Superintendent. 29 58 

Insurance Department, fui?nishlng 33 

Johnson, Clarence P 34 

Keating, James A., 46 60 

Keay. John. 46 60 

Kev, Francis Scott, monument 38 

Laboratory of Natural History 34 

Lincoln Homestead, 41 59 

Lincoln monument 38 

Lovejov, Elijah P., monument 40 

Massie; John G.,46 t. 60 

McLaughlin, Marv, et al 35 

Merritt, E. L., 471/5 60 

Museum Natural History, 31 56 

National Guard 41,43 

Northern Illinois State Normal School.. 49 

O'Connor, John R.,48 60 

Officers State Government 61 

Paper and stationery, 10 52 

Paving streets in Springfield 42 

Penal and Reformatokt iNSTiTUTioirs — 

Penitentiary, Joliet 45 

Penitentiary, Southern 46 

Reformatory, State 47,48 

Public Printing. State 53 

Railroad and Warehouse Commission- 
ers, 32 56 



344 



INDEX. 



APPKOPRIA ViO^S-Continued: 

Reports Supreme Court, 45 60 

Eeports Siiureme Court, purchase, 13... 53 

Keward.s, 19 53 

Kogers, Charles Mills, 48 60 

RuUegp, Walter, 46 60 

Scanlon, John 49 

SchooltuDa, 36 54 

School funds, interest on to pay, 25 54 

Secretary ot State, 6,14 51,52,53 

Southern Normal Uqiversity 73,76 

State Government, 37 58 

State Government, ordinary and contin- 
gent expenses 49 

State Historical Society, 43 59 

State ZSIormal University 76,77 

State suits, 17 53 

Statutory Revision, Commission 61 

Summers, E. P 62 

Supreme Court, 30 ..., 55 

Superintendent of Public Instruction, 24. 54 

Taxes paid in error, 23 54 

Taylor, Thomas, Jr., 48 60 

Treasurer, State, 22 54 

University, Illinois 67,68 

Vaccine Laboratory 78 

Walker, C. C, 48 60 

M''arren, Samuel 78 

Whinnan,E. B.,48 60 

ASSESSMENTS: 

Special benefit 100 

ASSESSORS: 

Township Board 817 

ASSIGKORS: 

Liability 262 

ASYLUM FOR INCURABLE INSANE: 

Location, appropriation 9 

ATTACHMENTS: 

Before J ustices 202 

Sale of live stock 79 

ATTORNEYS AND COUNSELLORS: 

Practice 79 

ATTORNEY GENERAL: 

Appropriation, 27 54 

Dissolution of corporations 130 

AUDITOR OF PUBLIC ACCOUNTS: 

Appropriations— office expenses, etc , 15 53 

BAIL: 

Justice of Peace 192 

Special 193 

BAIL IN CIVIL CASES: 

False schedules 80 

BANNON, PATRICK R: 

Appropriation 11 

iJARBER SHOPS: 

Sunday closing, criminal code 160 

BATTLEFIELDS: 

Monuments to mark, appropriation 36 

BEADLE, ELISHA: 

Appropriation, 46 60 

BLINDNESS: 

Act to prevent 152 



Page. 
BOARDS: 

County, powers 319 

BOARDS, STATE: 

Appropriation: 

Equalization, 21 54 

Health, 36 58 

Labor Statistics, 33 57 

Live Stock, 34 .57 

Mine Examiners, 44 59 

Public Charities, 29 55 

Mine examiners, examinations 250 

Pharmacy 245 

BONDS: 

Drainage districts to issue 162 

Justices and constables, remedies upon. 220 

Park improvement 264 

BONDS, OFFICIAL: 

Justices and constables 188 

BUILDING, LOAN AND HOMESTEAD 
ASSOCIATIONS: 

Assessment of 30O 

CEMETERIES: 

Acquisitioii ot lands.... 81 

CERTIORARI: 

On judgment of justice 218 

CHARITIES: 

Boys training school 81 

Insane in Soldiers and Sailors' Home .. 82 

Relief to indigeiit war veterans 83- 

CHARITABLE INSTITUTIONS: 
Appropriations : 

Act for ordinary expenses, general.... IS' 

Act for special purposes 13 

Blind, Industrial Home 17 

Soldiers' Widows Home 23 

Hospital for Insane : 

Southern 18 

Western 18 

Soldi Ti" Widows Home established 23 

CHICAMAUGA: 

Battlefield, monument, appropriation ... 36 

CHILDREN: 

Employment, criminal code 153 

Release of from poor-house 177 

CITIES, TOWNS AND VILLAGES: 

Civil service 85, 94 

Election made valid 97" 

Election Board of Cook County, salary 

of clerk increased 169 

Foieign fire insurance companies, taxes 104 

Incorporation, elections 97 

Incorporation of 96 

Libraries, establishment of 224 

Municipal warrants to bear interest 106' 

Officers of municipal corporations 95 

Pension for fire insurance patrolmen . .. 101 

Railway stations 294 

Removal of site 9& 

School inspectors 99 

Sidewalks in unincorporated villages. .. 100 

Special assessment, benefit 100- 

CIVIL SERVICE: 

Cook County 136- 

In cities 85, 94^ 



INDEX. 



345 



CLARK, MARK: 

Appropriation 26 

CLARK, QUINTON: 

Appropriation, 46 60 

CLERKS OF COURTS: 

Fee bills 106 

Office open 106 

Per diem fees 175 

Remieeion of fees 175 

COMMISSIONERS: 

County, to destroy noxious weeds 308 

Fish , appropriation ,35 58 

Highway, districts 318 

Highway, eminent domain 308 

Highway, to destroy noxious weeds 308 

Labor, appropriation, 33 57 

Live Stock, appropriation, 34 57 

COMMISSIONS: 

Justices of the Peace 189 

CONSERVATORS: 

Appointment 243,244 

CONTINUANCES: 

Before Justices of the Peace 202 

CONVEYANCES: 

Act to cure defects in acknowledgements 129 
Laud titles 107 

CONVICTS: 

Appropriation, conveying to Peniten- 
tiary, 18 53 

Conveyance to Penitentiary 44 

COPPERAS CREEK DAM: 

Appropriation, 47 60 

COPYING CONTRACT: 

Appropriation, 12 52 

CORPORATIONS: 

Dissolution of 130 

Dissolution, voluntary 133 

Educational institutions 134 

Fees for organizing lo2 

Insurance, tire, incorporation, consoli- 
dation 177 

COTTON STATES AND INTERNA- 
TIONAL EXPOSITION: 
Participation of St ate, appropriation. .. 25 

COUNTIES: 

Cook, civil service 136 

Macon, law term county court 152 

COUNTY BOARD: 

Powers 319 

COUNTY COURT: 

Release of children from poor-house... 177 

COUNTY INSTITUTES,FARMERS'. 

Appropriation 28 

COURTS: 

Appropriations — 

Appellate, 30 56 

Supreme, ao 55 

Chancery, contest of wills 3!i7 

Circuit jurisdiction in contested elec- 
tions 170 



Page. 
COURTS— 6'o»<uiMecZ. 

Circuit, terms changed, 4th circuit 148 

Circuit, terms changed, 2nd circuit 148 

Circuit, terms changed, 6th circuit 150 

Circuit, terms changed, 12ih circuit 151 

County, abatement of drainage assess- 
ments 161 

County, appointment of conservators. 243,^44 

County, law term in Macon 152 

Superior, judge, election of 171 

Superior, jurisdiction in contested elec- 
tions 170 

Supreme, stenographer for justices 148 

COWLIN,J. A. 

Appropriation 27 

CRIMINAL CODE: 

Barber shops, Sunday closing 160 

Blindness, act to prevent 152 

Children, employment and exhibition. . . 153 

Discharge ot prisoners 154 

Frauds 155 

Gambling, certain devices prohibited.. .. 156 

Highway obstruction 157 

News dispatches, to prevent wrongful 

taking of 157 

Parole system 158 

CUMMINGS, THOMAS S.: 

Appropriations, 46 60 

DAIRYMEN'S ASSOCIATION: 

Appropriation 27 

DAYS OF GRACE : 

Abolished 261 

DEEDS: 

Acknowledgements of, defects cured 129 

DEFAULT: 

Of plaintiff or defendant 19& 

DRAINAGE: 

Abatement of assessments 161 

Act of 1879, amended 164 

Districts to issue bonds 162 

Farm, act of 1885 amended 166 

Sanitary districts , 168 

DRIVEWAYS: 

Parks 270' 

DRURY,J. W.: 

Appropriation, 47^^ 60 

EDUCATIONAL INSTITUTIONS: 

Incorporation of 13t 

ELECTIONS: 

Assessors, lownship board 317 

Board of Cook county, salary of clerk 

increased 16^ 

Cities, towns and villages, incorporation 97 

Contested 170 

] n certain cities made valid 97 

Judges and clerks, per diem 173- 

Judge Superior Court 171 

Precincts 171 

EMINENT DOMAIN: 

Commissioners of highways 808 

EMPLOYES: 

Liens for wages 242 



346 



INDEX. 



Page. 
iBMPLOYMENT: 

Children, criminal code.. '. 153 

Judgment lor wages 173 

ENTOMOLOGIST, STATE: 

Appropriation 34 

EQUALIZATION, STATE BOAED: 

Appropriation, 21 54 

EVIDENCE AND DEPOSITIONS: 

In Justice of the Peace courts 300 

EXECUTIONS: 

On judgment of Justices 213 

EXEMPTIONS: 

Personal property, schedule 173 

Wages 211 

EXPOSITION, COTTON STATES AND 
INTERNATIONAL: 

PARTICIPATION OF STATE IN — 

Appropriation 26 

FACTORY INSPECTORS, STATE : 

Appropriation, 43 59 

FARMERS' COUNTY INSTITUTES: 

Appropriation 28 

FAKMERS' INSTITUTES: 

Illinois, organized 1 

FEE BILLS; 

Issue of by clerks of courts 106 

FEES AND SALARIES: 

Incorporating companies 133 

Members General Assembly 176 

Per diem fees 175 

Remission of fees 175 

FELLOWS, ED WARD: 

Appropriation, 46 60 

FEMALES: 

Home for Juvenile Offenders 295 

FISH COMMISSIONERS: 

Appropriation, 35 58 

FIRE INSURANCE: 

Foreign companies taxed 104 

FLAGS: 

For Capitol, appropriation, 14 53 

United States, on public buildings 321 

United States, on school houses 323 

FORD, THOMAS: 

Monument, appropriation , 37 

FRAUDS : 

Gas, water and electric currents, criminal 
code 155 

FREEMAN, MRS. TRANQUILLA: 

Appropriation 29 

FREER, JAMES: 

Appropriation, 46 ^ 60 

FUGATIVES PROM JUSTICE: 

Appropriation, 19 53 



Paqb. 
GAMBLING: 

Certain devices prohibited, criminal 
code 156 

GARNISHMENT: 

In Justices' courts 306 

GENERAL ASSEMBLY: 

APPROPRIATIONS — 

Committee expenses 29,30 

Committee expenses, fortieth 38,50 

Employe's 30, 31 

Incidental expenses 33 

Officers and members, fortieth 61 

Compensation of members 176 

GIFTS: 

Tax on 801 

GOVERNOR: 

Appropriation, 1,5 51 

GRACE: 

Days of, abolished 361 

GRAND ARMY OF THE REPUBLIC: 

Relief to indigent veterans 83 

GREELY,CARLESON AND COMPANY: 

Appropriation, 4S 60 

GUARDIAN AND WARD: 

Release of children from poor-houses. .. 177 

HEALTH, STATE BOARD: 

Appropriation, 36 58 

HENRY, CORPORAL WILLIAM E.: 

Appropriation 33 

HIGHWAY COMMISSIONERS: 

Authorized to construct sidewalks 100 

To prepare pound 4 

HIGHWAYS; 

Obstruction of, criminal code 157 

HISTORICAL SOCIETY, STATE: 

Appropriation, 42 59 

HOG CHOLERA: 

Prevention of, penalty 6 

HOLIDAYS: 

Legal 261 

HOME FOR JUVENILE FEMALE OF- 
FENDERS: 
Appropriations tor conveying offend- 
ers, 15 .". 53 

HORTICULTURAL SOCIETY, STATE: 

Appropriation 33 

HOSPITALS FOR INSANE: 

APPROPRIATION — 

Act for ordinary expenses, general.. .. 12 

Act for special purposes 13 

Southern 18 

Western 18 

Western, establishment 18 

HINDSON, THOMAS: 

Appropriation, 46 60 

HUGHES, HUGH J.: 

Appropriation, 46 , 60 



INDEX. 



347 



IMPRISONMENT: 

Parole system 158 

INDUSTRIAL HOME FOR THE 15LIND: 
Appropriation 17 

INHERITANCES: 

Tax on 301 

INSANE: 

In Soldiers and Sailors' Home 82 

INSPECTION: 

Educational institutions 324 

Mines 253 

INSPECTORS: 

School, number of increased 99 

INSTITUTES FARMERS' COUNTY: 

Appropriation 28 

INSURANCE: 

Companies, suits against 293 

INSURANCE DEPARTMENT: 

Appropriation for furnishing 33 

INSURANCE, FIRE: 

Township companies consolidated 177 

INSURANCE, LIFE: 

Fraternal beneflciarj' societies, act amend- 
ed 178 

.INSURANCE SUPERINTENDENT: 

Appropriation, ;39 58 

Reports, semi-annual, 40 59 

INTEREST: 

On municipal warrants 106 

Redemptions 181 

JOHNSON, CLARENCE P.: 

Appropriation 34 

JUDGES: 

Superoir Court, election of 117 

Supreme Court, stenographers 148 

JUDGMENTS. DECREES AND EXECU- 
TIONS: 

Before justices of the Peace 195 

Delinquent lands 297 

Redemption 181 

Wages 173 

JURORS: 

Injustice's court 199 

JUSTICES AND CONSTABLES: 

Act relating to 182 

JUSTICES, SUPREME COURT: 

Stenographers 148 

KEATING, JAMES A.: 

Appropriation, 46 60 

KE AY, JOHN: 

Appropriation, 46 60 

KEY, FRANCIS SCOTT: 

Monument appropriation 38 



Page. 
KINDERGARTENS: 

Establishment of 310 

LABOR COMMISSIONERS: 

Appropriation, 33 57 

LABORATORY OP NATURAL HISTORY: 
Appropriation 34 

LABORATORY, VACCINE: 

Appropriation 78 

LANDS: 

Submerged, transfer, park districts 271 

LAND TITLES: 

Act concerning 107 

LEGACIES: 

Tax on 301 

LEVEES: 

Abatement of assessments, drainage dis- 
tricts 161 

LIBEL: 

Act In relation to 315 

LIBRARIES: 

E«tabliphmpnt of , bv city 224 

State, appropriation, 9 52 

LIENS: 

Mpchanics, af"t in relation to 225 

Minerp, applies mpchanics lien act 343 

Wages of employes 242 

LIEUTENANT GOVERNOR. 

Appropriation, 37 58 

LINCOLN HOMESTEAD: 

Appropriation, 41 59 

LINCOLN MONUMENT: 

Transfer and appropriation 38 

LIVE STOCK: 

Sale of in attachments 79 

LIVE STOCK, COMMISSION: 

Appropriation, 34 57 

LOOKOUT MOUNTAIN: 

Battlefield, monuments, appropriations. 36 

LOVE JOY, ELIJAH P. : 

Monument 40 

LUNATICS. IDIOTS, DRUNKARDS AND 
SPENDTHRIFTS: 
Conservators, appointment 243, 244 

MASSIE,JOHN G.: 

Appropriation, 46 60 

Mclaughlin, mary, et ai: 

Appropriation 35 

MEDICINE AND SURGERY: 

Pharmacy, act 245 

MERRITT, E. L.: 

Appropriation, 4'^i4 60 



348 



INDEX. 



Page. 
MILITIA : 

Enrollment ^National Guard 31-6 

MINERS- 

Fire boesee and hoisting engineer?, exam- 
inations 250 

Liens 342 

MIKES A^^E MINING: 

Board of examiners, appropriation, 44.. 5fl 

Inspection districts and inspectors 252 

Inejiectors of weights and measures ^5 

Oils, certain prohibition 256 

Ventilation 258 

MINORS: 

Females, oSenders, Home for '. . . 295 

MISSIONARY RIDGE: 

Battlefield, monuments, appropriation . . :36 

MONUiMENTS: 

Ford Thomas, appropriation 37 

Key, Francis Scott , appropriation 38 

Lincoln, transfer 38 

Lovejoy, Elijah P., appropriation 4U 

To mark battlefields, appropriation 36 

MORTGAGES: 

Acknowledgements, defects cured 129 

Chattel, notes secured by... 26U 

MUSEUM, NATURAL HISTORY: 

Appropriation, 31 56 

NATIONAL GUARD: 

Appropriation, 41,42 

Enrollment of 316 

NEGOTIABLE INSTRUMENTS: 

Assigaors" and holders" disability.., 262 

Days of grace 261 

Notes secured by chattel morrgsges 2(j0 

Redemption of time checks, etc 263 

NEWS DISPATCHES: 

Wrongful taking of prohibitec, criminal 
code 157 

OATH, OFFICIAL: 

Justices and constables 187 

O'CONNOR, JOHN R. : 

Appropriation , 4S 60 

OFFICERS: 

Of municipal corporations, qualifica- 
tions 95 

OILS: 

Mines, prohibition 256 

PAPER AND STATIONERY: 

Appropriation 10 52 

PARKS: 

Districts, organization 271 

Districts, street.", etc 267 

Driveways 270 

Elections, made valid 97 

Enlargement, reclaiming submerged 

lands 282 

Improvement, bonds 264 

Local improvements 286 

Street improvements 290 

Submerged lands 271 

Three-mill tax 281 

Two-mill tax 285 



Page„ 
PAROLE: 

System of, provided 158- 

PATROLMEN: 

Fire insurance, pension 101 

PAUPERS: 

Children, release of from poor-houses... 177 

PAVING STREETS: 

Springfield, appropriation 42 

PENAL AND REFORMATORY INSTI- 
TUTIONS: 
Convicts, conveyance of to penitentia- 
ries 44 

Home for Juvenile Female Offenders, 

appropriation for conveying, 15 53- 

Parole system 158 

Penitentiary at Joliet, appropriation 45' 

Penitentiary. Southern, appropriation.. 46 

Reformatory, Stale, appropriation 47,48- 

State Reformatory, conveying offenders, 
to,20 54- 

PENSIONS: 

For fire insurance patrolmen 101 

Teachers 312: 

PHARMACY: 

Act regulating practice of 245 

POLL TAX: 

Method of abolishing SOS^' 

POUND-MASTERS: 

Election of 5 

PRACTICE: 

Suits against insurance companies 292-' 

PRISONERS: 

Discharge of, criminal code 154- 

Parole of, system provided 158 

PROCESS: 

Suits against insurance companies 292 

PUBLIC PRINTING: 

Appropriation, 11 52 

RACING: 

False entries, prevention & 

RAILROAD AND WAREHOUSE COM- 
MISSION: 
Appropriation, 32 56 

RAILROADS: 

Lessees in adjoining states 29? 

Obstruction of streets 29S 

Stations 294 

REDEMPTION: 

Defendants 181 

Delinquent lands sold 2fl8 

Time checks or store order 263 

RECORDERS: 

Duties of 96 

Ex-offlcio registrars 107 

RECORDS: 

Of incorporated cities, towns and vil- 
lages 96 



INDEX. 



349 



Page. 
REFORMATORIES: 

Home for Juvenile Female Offenders. .. 295 

KEFORMATORV, STATE: 

Appropriation for conveying of offend- 
ers to, 20 ^ 54 

IREPORTEKS, SL'PREME COURT: 

Appropriation, 45 60 

KEPORTS SUPREME COURT: 

Appropriations for purchase, 13 53 

REVENUE: 

Aesessmentia, drainage, abatement 161 

Bonds, drainage districts 162 

Buildin.2, loau and homestead associa- 
tions, asse^^ment of 300 

Delinquent lands, pale of 297 

Foreign lire insurance companies taxed. 104 

General levy for State purposes 29S 

•Gift?, leeacies and inheritances 301 

Parks, three mill tax 2S1 

Parks, two-mill tax 385 

Poll tax, method of abolishing 309 

Sale of delinquent lands 298 

Special assessment, park improvements. 286 

REWARDS: 

AppropriatiOH, 19 53 

ROADS AND BRIDGES: 

Commissioners of Highways, eminent 

domain 303 

Noxious weeds, destruction of 308 

Poll tax, method of abolishing 309 

ROGERS, CHA.RLES MILLS: 

Appropriation, 48 60 

RUTLEGE, WALTER: 

Appropriation, 46 60 

SANITARY DISTRICTS: 

Act of 1889 amended 168 

SCANLAN, JOHN: 

Appropriation 49 

SCHOLARSHIPS: 

In Universities of Illinois 325 

SCHOOL FUND: 

Appropriation for State fund, 26 54 

Interest on, appropriation to pay, 25 54 

SCHOOLS: 

Educational institutions, incorporation 

of 134 

Inspection, educational institutions 324 

Inspectors, members of, increased 99 

Kindergarten 310 

Normal, Eastern Il'inois State, estab- 
lished, appropriation 63 

Normal, Northern Illinois State, eetab- 

lished, appropriation 69 

Teachers 311 

Teachers' pensions 312 

Townships, trustees of schools 315 

Training, for boys 81 

SECRETARY OF STATE: 
Appropkiatiox— 

Office, expenses, etc., 6,14 51,52,53 

Fees for incorporation 132 

Incorporation of educational inetitti- 

tion« 1:^5 

Records of incorporation of cities, etc.. 96 



Page. 
SIDEWALKS: 

In unincorporated villages 100 

SITES: 

Cities and villages, removal of 98 

SL.\NDER AND LIBEL: 

An act in relation to libel 315 

SOLDIERS AND SAILORS" HOME: 

Commitment of insane members 83 

SOLDIERS' WIDOWS" HOME: 

Estal)lished, appropriation 3S 

SPRINGFIELD, CITY OF: 

Paving streets in 42 

ST\TE FAIR: 

Appropriation 8 

STATE GOVERNMENT: 
Appropriation— 
For ordinary and contingent expenses 49 
To pay otlicers 61 

STATE MILITIA: 

Enrollment of National Guard 316 

STATE SUITS: 

Appropriation, IT 53 

STATISTICS, LABOR: 

Commiseioners of, appropriation, S3 57 

STATUTES— 

Appropriations, revision, commission. . . 61 

STENOGRAPHERS: 

Justices, Supreme Court 148 

STREETS: 

Park commissioners, authorized to take 290 

Park driveways 270 

Park trustees, empowered to take 367 

Paving, Springfield, appropriations 42 

SUBMERGED LANDS: 

Reclamation for park purposes 2S2 

SUMMERS, E. P.: 

' Appropriation 62 

SUMMONS: 

Justices of the Peace 191 

SUNDAY OBSERVANCE: 

Barb'?r shops, criminal code 160 

SUPERINTENDENT OF PLTBLIC IN- 
STRUCTION : 
Appropriation, 24 54 

TAXES: 

Paid in error, appropriation for, 23 54 

TAYLOR, THOMAS, JR. : 

Appropriation, 48 60 

TEACHERS: 

Pension and retirement fund 312 

Special studies 311 

TITLES: 

Land, Torren's system .., . 107 



350 



INDEX. 



TORRHN'S LAND TRANSFER SYSTEM: 
Act concerning 107 

TOWNSHIP ORGANIZATION: 

Assessors, township, board 317 

Commissioners of higliwa3'8 318 

TOWNSHIPS: 

Trustees of schools 315 

TRADE MARK : 

Protection of 319 

TRE ASURRR, STATE : 

Appropriation, 23 54 

TRIAL: 

By consent. 195 

TRIAL OF RIGHT OP PROPERTY: 

Before Justice of the Peace 217 

TRUSTEES: 

School 315 

UNITED STATES: 

Flags, on public buildings 321 

Flags, on school houses 323 

UNIVERSITIES: 

Ar P ROP RI ATION — 

Illinois 67,68 

Southern normal 73, 76 

UNIVERSITIES, COLLEGES, ACADE- 
MIES, ETC.: 

Annual inspection _ 324 

State scholarships in University of 
Illinois 325 



Page. 
VACCINE LABORATORY: 

Appropriation 7& 

VENTILATION: 

Mines 25& 

VENUE : 

Change of 195- 

Suits against insurance companies 29i 

WAGES: 

Exemption 211 

J udgement for 173. 

Lems 24:.J 

WALKER, C. C: 

Appropriation, 48 60 

WARRANTS : 

Municipal corporations to bear interest. 106 

WARREN, SAMUEL: 

Appropriation 78 

WEEDS: 

Noxious, destruction of 308 

WEIGHTS AND MEASURES : 

Inspectors, ex officio 255 

WHINNAN,E. B.: 

Appropriation, 48 60 

WILLS: 

Contest in chancery 327 



INDEX TO JOINT KESOLUTIONS. 



Page. 
Additional compensation to elevator 

conductors, 329 

Adjournment from April 12 to April 17. 330 
Adjournment from .January 24 to Jan- 
uary 29 329 

Adjournment from March 29 to April 3.. 330 

Adjournment sine die 330 

Allowing the Uniformed Rank Knights 
of Pythias to occupy Camp Lincoln. .. 330 

Amendment to the Constitution 3i61 

Carriers engaged in inter-state com- 
merce 332 

Claims under swamp land grant.. S32 

Committee to attend the funeral of the 

Honorable Walter ti . Gresham 333 

Committee to examine enrolled bills 333 

Committee to prepare joint rules 833 

Construction of the act establishing ttie 
Eastern Illinois Normal School 333 



Page. 

Death of Edward L. McDonald 334 

Death of Frederick Douglas 334 

Death of James W. Scott 335' 

Death of the Honorable Walter Q. 

Gresham 335 

Election of United States Senator. .. 336 

Electric railway at the Elgin asylum 336 

Flag on State House 336 

Illinois reports for Cumberland and 

Jersey counties 337 

Military land grants 338 

Outlet from Spring Lake to Illinois 

River 338 

Pension to Gen. John A. McClernand. .. 339- 
Printing the Go^^ernors' biennial message 340 
Records of Illinois seamen in U. S. Navy 340 

Tran sf er of Lincola monument 340 

Waukegan harbor 341 



LAWS 



STATE OF ILLINOIS 



ENACTED BY THE 



Thirty-Ninth General Assembly, 



AT THE EXTRA SESSION, 



Begun and held at the Capitol, in the City o1 Springfield, on 

the 25th day of June, A. D. 1895, and adjourned 

sine die, on the 2d day of August, A. D. 1895. 



Printed by Authority of the General Assembly 
of the State of Illinois. 



SPRINGFIELD, ILL.: 
Er. F, Hartman, State Printer. 

1895. 



TABLE OF CONTENTS. 



Page. 
APPROPRIATIONS: 

An act making appropriatione for the payment of the employee of the Special Session of the 
39th General Assembly 5 

ARBITRATION: 

An act to create a State Board of Arbitration for the investigation or settlement of differ- 
ences between employers and their employes, and to define the powers and duties of said 
board 5 

EEVENUES: 
An act to provide additional necessary revenue for State purposes 8 

RESOLUTIONS, JOINT: 

Adjournment from June 28 to July 9 10 

Adjournment sine die 10 

Appropriation to pay funeral expenses of John Meyer 10 

Harbor improvement in Lake Michigan It 



LAWS OF ILLINOIS. 

SPECIAL SESSION. 



APPROPEIATIONS. 



EMPLOYES SPECIAL SESSION. 

§ 1. Appropriates $5,000 to pay the employes I § 2. Emergenry. 
of the General Assembly at the special | 
session— How drawn. 1 

An Act making apj^ropriations for the payment of the employes 
of the Special Session of the Thirty-ninth General Assembly. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That there be and 
is hereby appropriated the sura of five thousand dollars ($5,000), 
or so much thereof as may be necessary to pay the employes of 
the special session of the Thirty-ninth General Assembly, at the 
rate of compensation allowed by law. Said employes to be paid 
upon rolls certified to by the presiding ofiicers of the respective 
houses, or as otherwise provided by la"w. 

§ 2. Whereas, the above appropriation is necessary for the 
transaction of the basiness of the State, therefore an emergency 
exists, and this act shall take effect from and after its passage. 

Approved July 26, 1895. 



ARBITRATION. 



§ 1. Governor to appoint Board of Arbitra- 
tion—Terms—Vacancies—Organization 

§ 2. Controversy between employer and em- 
ployes—Inquiry — Hearing — Decision 

§ 3. Application for investigation -Hearing- 
Notice. 



STATE BOARD CREATED. 

§ 5. Force of decision. 

§ 6. btrlke or lockout— Duty of board. 

§ 7. Salaries ol members. 

§ 8. Service of process. 

§ 9. Emergency. 



§ 4. Written decision — Record —Annual report. 

An Act to create a State Board of Arbitration for the investiga- 
tion or settlement of differences between employers and their 
employes, and to define the powers and duties of said board. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: As soon as this act 
shall take effect the Governor, by and with the advice and consent 
of the Senate, shall appoint three persons, not more than two of 
whom shall belong to the same political party, who shall be styled 



ARBITRATION. 



a State "Board of Arbitration," to serve as a State iioard of Arbi- 
tration and Conciliation; one and only one of whom shall be an 
employer of labor, and one and only one of whom shall be an 
employe and shall be selected from some labor organization. They 
shall hold office until March 1, 1897, or until their successors are 
appointed, but said board shall have no power to act as such until 
they and each of them are confirmed by the Senate. On the first 
day of March, 1897, the Governor, with the advice and consent of 
the Senate, shall appoint three persons as members of said board 
in the manner above provided, one to serve for one year, one for 
two years and one for three years, or until their respective suc- 
cessors are appointed, and on the first day of March in each year 
thereafter the Governor shall in the same manner appoint one 
member of said board to succeed the member whose term expires, 
and to serve for the term of three years or until his successor is 
appointed. If a vacancy occurs at any time, the Governor shall 
in the same manner appoint some one to serve out the unexpired 
term. Each member of said board shall, before entering upon the 
duties of his office, be sworn to a faithful discharge thereof. The 
board shall at once organize by the choice of one of their number 
as chairman, and they shall, as soon as possible after such organ- 
ization, establish suitable rules of procedure. The board shall 
have power to select and remove a secretary, who shall be a sten- 
ographer, and who shall receive a salary to be fixed by the board, 
not to exceed $1,200 per annum and his necessary traveling ex- 
penses, on bills of items to be approved by the board, to be paid 
out of the State treasury. 

§ 2. When any controversy or difference not involving questions 
which may be the subject of an action at law or bill in equity, 
exists between an employer, whether an individual, co-partnership 
or corporation, employing not less than twenty-five persons, and 
his employes in this State, the board shall, upon application as 
herein provided, and as soon as practicable thereafter, visit the 
locality of the dispute and make a careful inquiry into the cause 
thereof, hear all persons interested therein who may come before 
them, advise tie respective parties what, if anything, ought to be 
done or submitted to by both to adjust said dispute, and make a 
written decision thereof. This decision shall at once be made 
public, shall be recorded upon proper books of record to be kept 
by the secretary of said board, and a short statement thereof pub- 
lished in the annual report hereinafter provided for, and the board 
shall cause a copy thereof to be filed with the clerk of the city, 
town or village where said business is carried on. 

§ 3. Said application shall be signed by said employer or by 
a majority of his employes in the department of the business in 
which the controversy or difference exists, or by both partie-, and 
shall contain a concise statement of the grievances complained of 
and a promise to continue on in business or at work without any 
lockout or strike until the decision of said board, if it shall be 
made within three weeks of the date of filing said application. As 



ARBITRATION. 



soon as may be after the receipt of said application, the secretary 
of said board shall cause public notice to be given of the time and 
place for the hearing thereon, but public notice need not be given 
when both parties to the controversy join in the application and 
present therewith a written request that no public notice be given. 
When such request is made, notice shall be given to the par- 
ties mterested in such manner as the board may order, and the 
board may, at any stage of the proceedings, cause public notice to 
be given, notwithstanding such request. The board shall have 
power to summon as witnesses any operative, or expert in the de- 
partmects of business affected and any person who keeps the records 
of wages earned in those departments, or any other person, and to 
examine them under oath, and to require the production of books 
containing the record of wages paid. The board shall have power 
to issue subpoenas, and oaths may be administered by the chairman 
of the board. 

§ 4. Upon the receipt of such application, and after such 
notice, the board shall proceed as before provided, and render a 
written decision, which shall be open to public inspection, shall 
be recorded upon the records of the board and published at the 
discretion of the same in an annual report to be made to the 
Governor before the first day of March of each year. 

§ 5. - Said decision shall be binding upon the parties who join 
in said application for six months or until either party has given 
the other notice in writing of his or their intention not to be 
bound by the same at the expiration of sixty days therefrom. 
Said notice may be given to said employes by posting in three 
conspicuous places in the shop or factory where they work. 

§ 6. Whenever it shall come to the knowledge of the State 
board that a strike or lock-out is seriously threatened in the State, 
involving an employer and his employes, if he is employing not 
less than twenty five persons, it shall be the duty of the State 
board to put itself in communication as soon as may be, with such 
employer or employes, and endeavor by mediation to effect an 
amicable settlement between them, or to endeavor to persuade 
them to submit the matters in dispute to the State board. 

§ 7. The members of the said board shall each receive a salary 
of $1,500 a year, and necessary traveling expenses, to be paid out 
of the treasury of the State, upon bills of particulars approved by 
the Governor. 

§ 8. Any notice or process issued by the State Board of Arbi" 
tration, shall be served by any sheriff, coroner or constable to 
whom the same may be directed or in whose hands the same may 
be placed for service. 

§ 9. Whereas, an emergency exists, therefore it is enacted that 
this act shall take effect and be in force from and after its pas- 
sage. 

Approved August 2, 1895. 



REVENUES, 



EE VENUES. 



ADDITIONAL LEVY FOR STATE PURPOSES. 

§ 1. Additional levy of $500,000 per annum for § 3. Emergency, 
the years 1895—96. 

§ 3, Governor and Auditor to compute tlie 
necessary rate per cent. 

An Act to provide addiUonal necessary revenue for